1. Employee vs. Employer Contributions
Most 401(k) plans, including the Vertical Mechanical Group, LLC 401(k) Plan, are funded by both employee deferrals and employer matches or other contributions. It’s essential to determine:
- Which contributions are marital property and which are separate
- How unvested employer contributions will be treated post-divorce
- If division includes only employee contributions or both types
Employer contributions may be subject to vesting schedules, and unvested amounts may be forfeited depending on plan terms.

