Types of Contributions
The Melville Candy Corporation 401(k) Plan likely involves both employee deferrals and employer contributions. In most cases:
- The employee’s deferrals are always 100% vested and subject to division.
- Employer contributions may be subject to a vesting schedule and may not be fully available for division at the time of divorce.
It’s important to know the vesting status at the date of divorce or another agreed date. This distinction will define what portion of the account is actually divisible.

