1. Employee and Employer Contributions
In 401(k) plans, the employee defers money from their paycheck into the plan. The employer may also contribute, often through matching or discretionary contributions. If you’re dividing this plan, you need to be precise about:
- What part of the account includes employee deferrals
- What part includes employer matches or bonuses
Only vested employer contributions are typically subject to division. Unvested portions may not be available unless the participant stays with the employer long enough to vest those benefits.

