1. Contributions: Employee and Employer
A 401(k) like the Ascent Building LLC 401(k) Profit Sharing Plan & Trust is funded by both employee salary deferrals and employer contributions. In divorce, each of these must be addressed:
- Employee contributions (from the participant’s paycheck) are typically 100% marital property if earned during the marriage.
- Employer contributions require analysis of vesting. If not vested as of the date of divorce or QDRO, they may be excluded—or fall subject to forfeiture.

