1. Employee vs. Employer Contributions
401(k) plans often include both employee deferral contributions and employer matching or profit-sharing amounts. In the L’abri Management, Inc.. Employee Savings Plan, these contributions may not all be fully vested at the time of divorce. When dividing the account, it’s important to:
- Clarify whether the division includes only vested funds or also unvested employer contributions
- Specify the “as of” date for the account division (usually the date of separation or divorce)
- Account for post-separation investment growth or losses

