Employee vs. Employer Contributions
Many people assume their entire 401(k) account is “theirs,” but in most plans, some portion comes from employer contributions. These are often subject to a vesting schedule. You’ll need to determine:
- Which contributions were made by the employee (fully owned right away)
- Which were made by the employer (may be subject to vesting)
If the participant isn’t fully vested at the time of divorce, unvested employer contributions may not be distributable to the alternate payee.

