Employee vs. Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer contributions. In a divorce, each must be treated separately based on the timing of the contributions and each party’s share.
- Employee Contributions: Typically fully vested and easier to value.
- Employer Matching or Profit Sharing Contributions: Often subject to a vesting schedule. Unvested amounts are generally not included in division but should be reviewed case by case.

