Employee vs. Employer Contributions
401(k)s regularly include both employee deferrals and employer contributions. When dividing the Tipsy Moose Albany LLC 401(k) Profit Sharing Plan & Trust in divorce, it’s important to distinguish between the two.
- Employee Contributions: These are always considered the participant’s property. They can be divided in a QDRO without waiting for vesting.
- Employer Contributions: These may be subject to a vesting schedule. If your spouse isn’t fully vested, you may only be entitled to a portion—or none—of the employer match.

