Employee vs. Employer Contributions
Many 401(k)s include both employee contributions (fully owned by the employee as soon as they’re made) and employer contributions (which may be subject to a vesting schedule). When dividing a 401(k), it’s critical to:
- Separate fully vested benefits from unvested employer contributions
- Clarify whether the divorce agreement awards a percentage or exact dollar amount of the marital portion
- Consider whether contributions made after separation or divorce date should be excluded

