Employee Contributions vs. Employer Contributions
One of the biggest questions in dividing any 401(k) is whether both types of contributions are marital property. In most cases:
- Employee contributions are almost always divisible as they’re considered part of the participant’s compensation.
- Employer contributions may only be divisible to the extent they are vested by the date of separation or divorce.
The Reliant Heating and Air Conditioning, Inc.. 401(k) Profit Sharing Plan and Trust might have a vesting schedule, especially for employer contributions. If the participant is not fully vested, some employer contributions may be forfeited if the employee leaves the company—important when determining the alternate payee’s share.

