Employee vs. Employer Contributions
The Rfi Enterprises Savings and Retirement Plan, like most 401(k) plans, may include both employee salary deferrals and employer matching or discretionary contributions. When splitting this in a divorce, it’s common to calculate the marital portion based on contributions made during the marriage.
However, employer contributions often follow a vesting schedule. Unvested amounts may not be considered divisible depending on timing. It’s important to clarify if the non-employee spouse is entitled to any unvested employer contributions, especially if the employee remains with the company after the divorce.

