Employee vs. Employer Contributions
401(k) plans are often funded by both the employee and the employer. While employee contributions are generally considered marital property, employer contributions may be subject to a vesting schedule. That means you may not be entitled to receive the full employer-funded amount unless your spouse was with the company long enough to become fully vested.
In dividing the Access Adult Health Day Care C 401(k) Profit Sharing Plan & Trust, you’ll need to identify:
- The total balance at the date of division
- Which amounts are vested versus unvested
- Any employer contributions that may be forfeited

