1. Employee and Employer Contribution Splits
401(k) plans often include:
- Employee deferrals: Amounts withheld from the participant’s paycheck
- Employer matching or profit-sharing contributions: Contributions made by the company
In most divorces, the alternate payee is awarded a percentage of the participant’s total account balance as of a specific date (often the date of separation or divorce). But it’s important to note whether employer contributions are fully vested. If not, unvested amounts may eventually be forfeited and are usually excluded from the alternate payee’s share unless specifically addressed.

