1. Employee and Employer Contributions
The Self Inc.. 401(k) Plan likely includes both employee elective deferrals and employer contributions (matching or profit sharing). Here’s how each is typically handled:
- Employee Contributions: These are generally 100% vested and fully divisible.
- Employer Contributions: May be subject to a vesting schedule. Any unvested portion as of the date of divorce may be forfeited.
Our drafting process includes language that addresses the exact cut-off date and provides clear instructions to the administrator on how to calculate and allocate only the vested balance.

