Employee and Employer Contributions
The Haren Construction Company, Inc.. Employees’ 401(k) and Profit Sharing Plan contains both employee contributions (deferred from salary) and employer contributions (typically matching or profit sharing). Marital division may apply to the combined account, but only contributions made during the marriage are considered marital property.
It’s critical to determine how the employer contributions were made and whether they are fully vested. Unvested amounts may not be transferable and could revert back to the plan if they’re forfeited after divorce.

