Employee and Employer Contributions
With a 401(k), both the employee and the employer may contribute to the plan. In most divorces, only the portion earned during the marriage is subject to division. This includes:
- Employee deferral contributions
- Employer matching or profit-sharing contributions (subject to vesting)
If you’re the non-employee spouse (alternate payee), it’s crucial to clarify what portion of the employer contributions are vested, as unvested assets typically aren’t subject to division—or they may be forfeited if the employee leaves the company before vesting is complete.

