1. Employee vs. Employer Contributions
The Recruit 360 401(k) Plan likely receives contributions from both the employee participant and Kennedy and associates Inc., the employer. A key issue in divorce is whether the alternate payee should receive a share of just the employee contributions or also the employer contributions.
This typically depends on:
- Whether employer contributions were made during the marriage
- The plan’s vesting schedule
- Whether the contributions were fully or partially vested at the time of divorce

