Dividing Employee and Employer Contributions
Most 401(k) plans, including the Zep Inc.. 401(k) Plan, include both employee deferrals and employer contributions. The entire account isn’t always marital property—only the portion contributed (and any growth) during the marriage is divisible.
- Employee Contributions: Generally 100% vested. These amounts are easily divided.
- Employer Contributions: May be subject to vesting. If the participant isn’t fully vested, the alternate payee may not receive the full employer match amount.
It’s important to use precise language to ensure you’re only dividing what qualifies as marital property, whether you’re using a percentage-based division or an exact dollar amount.

