Employee and Employer Contributions
In most 401(k) plans, both the employee and employer contribute. The employee portion is always 100% vested. However, employer contributions may be subject to a vesting schedule. That means some of the employer money may not have “vested” yet, and the non-employee spouse may not be eligible for that portion.
In divorce, it’s crucial to determine:
- Which contributions happened during the marriage
- What portions are vested vs. non-vested
- How to exclude or include gains and losses on those contributions

