Employee and Employer Contribution Division
Employee contributions are straightforward to divide—they’re always 100% vested and clearly tracked. Employer contributions, however, can be subject to a vesting schedule. This means that some of the employer’s contributions may not be fully “owned” by the participant unless they’ve met a certain number of years of service.
If you’re dividing the Flint 401(k) Retirement/profit Sharing Plan, you’ll need to check whether the participant was fully vested in the employer match or profit-sharing portion at the time of divorce. Unvested funds are forfeited to the plan and cannot be awarded to a former spouse—even with a valid QDRO.

