Employee and Employer Contributions
401(k) plans like this one typically include two main types of contributions: the employee’s salary deferrals and any matches or profit-sharing contributions from the employer. It’s essential to determine whether the spouse sharing the account is entitled to only what was contributed during the marriage or the full balance, including post-divorce gains and losses.
Also important: employer contributions may be subject to a vesting schedule. If the participant isn’t fully vested at the date of divorce, the non-employee spouse may not be entitled to the full employer-funded portion. Always confirm the vesting policy in the plan’s SPD.

