Employee vs. Employer Contributions
Employee contributions to a 401(k) are always 100% vested—that means they belong to the participant. However, employer contributions often depend on a vesting schedule. If the account contains unvested amounts when the divorce occurs, the non-employee spouse may not be able to receive a share of those funds.
It’s critical to clarify:
- Which portion of the account is employee vs. employer contributed
- What vesting schedule applies to employer contributions
- Whether the non-employee spouse will receive only vested amounts as of the date of division

