1. Employee vs. Employer Contributions
In a typical 401(k) from the L. A. Hearne Company 401(k) Plan and Trust, contributions may come from both the employee (participant) and the employer. Whether your spouse is entitled to just the marital portion—or everything accrued over time—depends on your divorce decree.
Employers may also have prescribed matching contributions, which might only vest over time. Therefore, determining what portion of the plan is divisible requires a clear analysis of vesting schedules and dates of marriage/separation.

