Employee and Employer Contribution Divisions
401(k) accounts typically include two types of contributions:
- Employee Contributions: Always 100% vested and divisible in divorce.
- Employer Contributions: Often subject to a vesting schedule. Only the vested portion is typically divisible.
It’s important to determine the marital portion of the account, which usually means looking at contributions earned between the date of marriage and the date of separation. Unvested employer contributions are usually not divisible unless specifically agreed upon, and even then, must be addressed cautiously in the QDRO language.

