1. Employee vs. Employer Contributions
The P P & J Drainage, Inc.. Profit Sharing 401(k) Plan likely includes both employee deferrals and employer profit-sharing contributions. During property division, it’s important to determine which contributions were made during the marriage and which were not.
- Employee Deferrals: Typically 100% vested right away. These are individual pre-tax or Roth contributions.
- Employer Contributions: Often subject to a vesting schedule. Only the vested portion is divisible during divorce.

