Employee and Employer Contributions
Most 401(k)s include both employee (participant) contributions and matching or discretionary employer contributions. In divorce, you can split the entire balance or just the marital portion. Marital portion is usually based on contributions made between the date of marriage and the date of separation.
Employer contributions sometimes have a vesting schedule. If the employee isn’t fully vested at the time of divorce, a portion of the employer’s contributions may not be divisible. For example, Cooley enterprise, Inc.. retirement savings plan may use graduated vesting where the participant earns full rights to employer contributions after a set number of years.

