Employee and Employer Contributions
Under a 401(k) like the North Jersey Aids Alliance Inc. 401(k) Profit Sharing Plan & Trust, both the employee (participant) and employer may make contributions. In divorce, it’s important to know:
- How much of the account balance is due to employee vs. employer contributions
- What portion of employer contributions is subject to vesting
- Whether any unvested employer match will be excluded from the spouse’s share
We recommend identifying the marital portion of the account based on date-of-marriage and date-of-separation or divorce to ensure an accurate division. A QDRO can allocate either a fixed dollar amount or a percentage of the vested account balance.

