Employee vs. Employer Contributions
In many 401(k) plans, employer contributions might not be fully vested at the time of divorce. That means only a portion—or none—of the employer-contributed funds may be available for division. The Jim Myers & Sons, Inc.. 401(k) Plan likely follows a vesting schedule typical to corporate plans.
Be sure to:
- Request the full account statement as of the date of marital separation
- Check the plan’s vesting policies, usually outlined in the SPD (Summary Plan Description)
- Clarify whether unvested amounts are subject to forfeiture

