Employee vs. Employer Contributions
401(k) accounts often include both contributions made by the employee (plan participant) and contributions from the employer. These amounts may be subject to different vesting schedules, which affects what portion your ex-spouse may be entitled to.
For instance, employee contributions are always 100% vested. However, employer matches often vest over time. If the divorce occurs before full vesting, the non-employee spouse won’t typically get a share of the unvested balance—unless otherwise negotiated in the divorce settlement.

