Employee vs. Employer Contributions
401(k) plans usually contain two types of contributions:
- Employee Contributions: The portion your spouse deferred from their paycheck.
- Employer Contributions: Amounts contributed by the employer as part of bonuses, matching, or profit-sharing—often subject to a vesting schedule.
Employer contributions that are not fully vested at the time of divorce may not be eligible for division. You’ll want to check the vesting schedule and confirm what portion is marital and what portion is separately owned by the employee spouse. In many divorces, we exclude unvested amounts because they may be forfeited if your spouse leaves the company.

