1. Employee and Employer Contributions
The Moveras, LLC 401(k) Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. It’s important to clarify:
- Whether the division includes employer contributions
- If it only includes vested amounts as of the date of division
- How previously forfeited amounts will be handled, if at all
Generally, only vested portions of employer contributions can be divided. If the employee has unvested funds, it may be appropriate to include language that awards the alternate payee a share of future vesting based on pre-divorce employment.

