Determine What Type of Contributions Are Being Divided
When dividing a 401(k), it’s important to distinguish between the account’s components. The Kemba Credit Union Profit Sharing 401(k) Plan and Trust likely includes:
- Employee elective deferrals: These are pre-tax contributions made by the employee that are 100% vested.
- Employer matching or profit-sharing contributions: These may be subject to a vesting schedule. Unvested portions may not be divided unless stated otherwise in the divorce settlement.
- Roth contributions: These are post-tax and can be divided, but must be transferred into a Roth retirement account for tax purposes.

