1. Employee vs. Employer Contributions
The Progress Lighting 401(k) Plan may include both employee contributions (made from salary deferrals) and employer contributions (such as matches or profit-sharing). Under the law, only the marital portion is subject to division, typically from the date of marriage to the date of separation or divorce.
Employer contributions can complicate things. Only the “vested” portion—i.e., the amount the employee was entitled to keep at the time of separation—is usually divisible. If your spouse isn’t 100% vested, some of the employer-contributed funds may not be payable to you.

