1. Employer and Employee Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. In a divorce, you can request a percentage or specific dollar amount of the participant’s account balance as of a certain “valuation date.” However, keep in mind:
- Only vested employer contributions can be divided.
- Unvested amounts may be forfeited if the employee leaves the company.
- It’s important to clarify whether both the employee and employer portions are included in the division.

