Employee and Employer Contributions
Most 401(k) plans have both employee (salary deferrals) and employer (matching or profit sharing) contributions. In divorce, these must be evaluated separately. Employee contributions are almost always fully vested, whereas employer contributions may be subject to a vesting schedule. Whether or not a spouse is entitled to part of the employer match depends on when the contributions were made and whether they were vested at the time of divorce or plan division.
In dividing the Advanced Therapy Solutions 401(k) Plan, it’s important to specify whether both employee and employer contributions are to be split—and how to handle any unvested accounts.

