Employee and Employer Contributions
401(k) plans typically consist of employee contributions, employer matching contributions, and possibly additional discretionary contributions. In a divorce, it’s essential to clarify whether the alternate payee will receive a share of:
- Just the employee’s contributions (the amounts the employee added over time)
- Employee + employer contributions that are vested
For the Mesa Rim Climbing Centers 401(k) Plan, the alternate payee may have no right to unvested employer contributions. If the employee has worked at Mesa rim climbing centers, LLC for only a short time, unvested portions of matching funds may be forfeited and cannot be transferred to the alternate payee.

