Employee vs. Employer Contributions
Most participants have both employee deferrals (what they set aside from their paycheck) and employer contributions (often matching or profit-sharing). In divorce, it’s important to specify:
- Whether both types of contributions are included in the division
- Whether the division covers only vested employer funds or future vesting as well
Employer contributions in 401(k)s often come with a vesting schedule. If a spouse isn’t fully vested yet, some employer funds may be forfeited and never actually become payable.

