Employee and Employer Contributions
In dividing a 401(k) like the Chomarat North America, LLC 401(k) Plan, it’s important to understand that there are usually two types of contributions: those made by the employee and those made by the employer. Employee contributions are always 100% vested, but employer contributions may be subject to a vesting schedule based on years of service.
If you’re the alternate payee (typically the non-employee spouse), you can only be awarded vested employer contributions. Any unvested employer money is not part of the divisible marital estate and may be forfeited if the employee leaves the company before full vesting.

