1. Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or profit-sharing contributions. In divorce, both may be divided—but it depends on the terms of your divorce and what’s been agreed to.
- Employee contributions: These are usually fully vested and can be divided based on date-of-marriage and date-of-separation balances.
- Employer contributions: These may be subject to a vesting schedule. Unvested amounts may be forfeited after divorce depending on timing and plan rules.

