Employee and Employer Contributions
The participant’s own contributions can be divided in a straightforward percentage or fixed dollar amount. But the employer’s contributions are often subject to a vesting schedule. In a divorce, only the vested portion belongs to the employee—and only that share can be divided.
- If your spouse has worked just a few years, a large chunk of the employer’s match may not be vested yet.
- Unvested funds typically remain with the company if the employee leaves employment before full vesting.

