401(k) Contributions: Employee vs. Employer
One crucial aspect when dividing The Tides 401(k) Plan is determining which contributions are subject to division. Employee contributions are generally 100% vested and thus fully divisible. Employer contributions, on the other hand, may be subject to a vesting schedule—meaning some amounts may not be considered part of the marital estate yet. It’s important to clarify:
- Whether employer contributions are fully or partially vested
- Which portions are considered marital property
- If any unvested amounts may become payable later and how to address that in the order

