Employee and Employer Contributions
In a divorce, both employee contributions (made by the participant) and employer contributions (made by Alan smith pool plastering, Inc. 401(k) profit sharing plan) can be divided, but unvested funds may not be available to the alternate payee. Review the plan’s vesting schedule to determine what’s eligible for division.
Some employers have a graded vesting schedule (e.g., 20% after one year, 40% after two, etc.), while others may require full vesting after a set number of years of service. If the employee (participant spouse) hasn’t met the vesting requirements, some of the employer contributions may be forfeited and unavailable for payout.

