1. Dividing Employee and Employer Contributions
The Nu-way Concessionaires, Inc.. 401(k) Plan likely includes both employee deferrals and employer contributions. When dividing the account, it’s critical to determine whether the percentage or dollar amount awarded to the alternate payee applies to:
- The entire account balance (including employer contributions), or
- Only employee contributions
If the employer contributions are subject to a vesting schedule, not all contributions may be available to divide — which brings us to the next issue.

