1. Employee vs. Employer Contributions
Employee contributions are immediately 100% vested in a 401(k), so any funds the participant contributed during the marriage will typically be split. However, employer contributions (matching or otherwise) may be subject to a vesting schedule. If the participant isn’t fully vested, the former spouse might only get a portion of the employer-funded amounts—or possibly none at all if the participant isn’t vested in those funds at divorce.

