1. Contributions by Employee vs. Employer
401(k) plans include money contributed by both the employee and the employer. In divorce, it’s common to divide “marital” contributions accumulated during the marriage. This may include:
- Employee salary deferrals
- Employer matching contributions
- Employer profit-sharing contributions (if applicable)
However, be aware: employer contributions are often subject to a vesting schedule, which affects what portion of those funds are legally available to be divided.

