Employee Contributions vs. Employer Contributions
Like most 401(k) plans, the Marcus Evans, Inc. 401(k) Plan likely accepts both employee salary deferrals and employer matching or profit-sharing contributions. In divorce, it’s important to:
- Specify whether the division includes only employee contributions or both employee and employer contributions.
- Understand whether all or part of the employer contributions are vested or forfeitable.
For employer contributions, you’ll need to find out if the participant was fully vested as of the date of division. Unvested amounts may be lost to the alternate payee unless preserved by specific QDRO language or a delay in implementation.

