Employee and Employer Contributions
401(k) plans include both employee contributions (the portion deducted from paychecks) and employer contributions (the match or profit-sharing funded by the company). These two components are treated differently in divorce. Typically, both types of contributions made during the marriage are considered community or marital property and are subject to division.
However, employer contributions are often subject to vesting schedules, which means the employee may not be entitled to them until they meet certain service requirements. Which brings us to…

