1. Employee and Employer Contributions
Most 401(k) plans, including the Wage Solutions Plus, Inc.. 401(k) Plan, contain both employee and employer contributions. In a divorce, you typically split the portion earned during the marriage. But here’s the catch—only the vested balance of employer contributions is divisible. If the employee isn’t fully vested at the time of the divorce, some contributions may not be available for division.
This is where timing becomes critical. If the parties agree to divide “half of the marital portion,” we’ll need to determine exact start and end dates of the marital period and ensure proper language is included in the QDRO referencing vesting where applicable.

