Employee and Employer Contribution Breakdowns
The Ausco, Inc.. Retirement Trust 401(k) Profit Sharing Plan allows both deferrals by the employee and potentially profit-sharing contributions by the employer. In a divorce, this matters because:
- Some contributions may not be fully vested, especially employer profit-sharing amounts
- You may need to specify that the alternate payee receives a percentage of only the vested balance
- Clear language is needed to prevent disputes over forfeited amounts
We typically recommend including language that applies pro-rata division across all contribution sources unless there’s a reason to carve out certain types.

