Employee vs. Employer Contributions
The Susan Magrino Agency 401(k) Profit Sharing Plan and Trust may include both employee contributions from paychecks and employer matching and profit-sharing contributions from Unknown sponsor. These two components are treated differently in divorce:
- Employee contributions are always 100% vested and are usually eligible for division based on date-of-marriage and date-of-separation balances.
- Employer contributions may be subject to a vesting schedule. Only the vested portion as of the date of division can be awarded to the alternate payee.

