1. Employee Contributions vs. Employer Match
During divorce, it’s common for spouses to split retirement balances acquired during the marriage. That includes regular 401(k) contributions made by the employee—but what about employer matching contributions? The answer depends on whether those employer matches are vested.
Many 401(k) plans have a vesting schedule, meaning the employee earns rights to the employer match based on how long they’ve worked at the company. If the participant isn’t fully vested, some of the employer’s contributions could be forfeited upon separation or termination—so it’s important to determine what’s actually available for division.

