Employee vs. Employer Contributions
In 401(k) plans, employee contributions are always 100% vested—you own that money no matter what. Employer contributions, however, may be subject to a vesting schedule. That means your spouse might not be entitled to a portion of those funds unless certain job tenure requirements were met before the divorce.
If you are the alternate payee (the non-participating spouse), it’s important to verify:
- How much of the employer match is vested
- Whether the plan permits the division of unvested funds (most do not)
- The cut-off date for the division (typically the date of separation or divorce judgment)

