Employee and Employer Contributions
401(k) accounts usually consist of both employee (deferral) contributions and employer (matching or profit-sharing) contributions. If you’re dividing this plan, pay close attention to contribution types. Only the portion earned during the marriage is typically subject to division unless your divorce agreement specifies otherwise.
Be aware that employer contributions may be subject to a vesting schedule. Unvested amounts may not be divided, which could impact what the alternate payee (the non-employee spouse) ultimately receives. This is common in plans sponsored by business entities like J p & a holdings LLC 401(k) profit sharing plan & trust.

