Employee and Employer Contributions
401(k) plans typically include employee deferrals (what’s deducted from your paycheck) and employer contributions (matching or profit-sharing). In divorce, both types of funds may be divided—but only what’s considered “marital.”
- If you contributed to the plan before the marriage, that portion is usually separate and not divided.
- Employer contributions may be subject to a vesting schedule, which means the participant must meet certain service requirements to keep them.
If employer contributions are not fully vested at the time of divorce, the alternate payee may receive only the vested portion unless otherwise negotiated or agreed in the divorce judgment.

