Employee and Employer Contributions
In most 401(k) plans like the Employers Services of America Inc. 401(k) Plan, you can divide both the employee’s contributions and the employer’s matching or profit-sharing contributions.
- Employee contributions are immediately vested.
- Employer contributions may be subject to a vesting schedule, depending on years of service.
If the participant is not vested in the employer funds, they may not be available to divide. That’s why your attorney must confirm current vesting status through a benefits or account summary from the plan administrator.

