Employee vs. Employer Contributions
It’s important to clarify whether the account division includes just the participant’s own contributions, the employer match, or both. In most divorces, the portion earned during the marriage—even employer contributions—is considered marital property.
However, 401(k) plans often involve vesting schedules for employer contributions (discussed below). That means not all of the employer-funded balance may be available for division, depending on the timing of employment and when the divorce occurs.

