Employee vs. Employer Contributions
Many 401(k) plans include both employee deferrals and employer profit-sharing contributions. In this plan, both types may be present. Here’s how to handle them:
- Employee Deferrals: These are fully vested and easily divided, usually based on a percentage or a specific date.
- Employer Contributions: These may be subject to a vesting schedule. If part of the employer funds are not vested at the time of the divorce, the alternate payee cannot claim them.

