Employee Contributions and Employer Matches
401(k) plans generally consist of two major sources of funds: the employee’s own contributions and contributions made by the employer. In the case of the Staples Construction 401(k) Plan, any employer match or discretionary contributions may have a vesting schedule. That means an employee may not be entitled to the full value of those funds unless they’ve been employed for a certain number of years.
In a divorce, it’s important to:
- Determine which funds are marital property
- Account for employer contributions that aren’t fully vested
- Specify what happens if some funds are forfeited or become vested later

