Dividing Contributions
The Lunch Mony, LLC 401(k) Plan likely includes both employee deferrals and employer contributions. These are often treated differently:
- Employee contributions are generally considered marital if made during the marriage and are fully vested immediately.
- Employer contributions may be subject to a vesting schedule—meaning some or all may not be owned by the participant yet.
It’s critical to determine how much of the employer contribution is vested at the date of division. Unvested portions may be forfeited if the employee terminates employment too soon.

