Employee vs. Employer Contributions
401(k) balances usually include both employee contributions (which are always fully vested) and employer contributions (which may not be). In divorce, only vested balances are divisible. So, it’s important to obtain a full plan statement that shows:
- Total contributions made by the employee (participant spouse)
- Vested vs. unvested amounts at the time of divorce
Unvested employer contributions may be forfeited if the employee leaves before becoming fully vested. That means it’s critical to define the marital portion of the plan correctly based on what was actually earned during the marriage.

