Employee and Employer Contributions
When dividing a 401(k) plan, it’s important to distinguish between what the employee has contributed and what the employer has added. Assuming the Wga Transit LLC 401(k) Plan has matching or discretionary contributions, here’s what to consider:
- All employee contributions are 100% the property of the employee and are generally subject to division based on the marital timeframe.
- Employer contributions may be subject to vesting schedules—meaning some may not yet legally “belong” to the employee and can’t be divided.

