Employee and Employer Contributions
401(k) plans usually consist of:
- Employee salary deferrals (fully vested)
- Employer matching or profit-sharing contributions (subject to vesting schedules)
In divorce, you’ll need to determine which contributions are marital property and whether the employer’s share is vested. Many people mistakenly assume the entire balance is divisible—when some of it may still be unvested and therefore not available to divide.
Ask for a detailed statement identifying vested and unvested portions. This is especially crucial if the employee spouse is still actively employed.

