Employee and Employer Contributions
In 401(k) plans like the Stemilt Growers, LLC 401(k) Savings Plan & Trust, both employees and employers contribute to the account. A common provision in divorce is to divide only the participant’s account balance accumulated during the marriage, typically known as the “marital portion.”
However, plan sponsors may apply vesting schedules to employer contributions. If the participant isn’t fully vested at the time of divorce, the unvested portion may never fully transfer to the alternate payee—even if it’s addressed in the order. Knowing the participant’s current vesting status is critical.

