1. Employee & Employer Contributions
401(k) plans are funded by both employee deferrals and often employer matching contributions. This matters during division, especially if:
- Only a portion of the account was accumulated during the marriage
- The employer match is subject to vesting schedules
You’ll need to identify the marital portion clearly and determine whether all funds—both employee and employer contributions—should be divided. If the employer match isn’t fully vested at the time of divorce, it may not be subject to division now but could become relevant in the future.

