Employee and Employer Contributions
The court can order a division of both employee and employer contributions that accumulated during the marriage. However, employer contributions might be subject to a vesting schedule.
- Employee contributions are always 100% vested and divisible
- Employer profit sharing contributions may be partially or entirely non-vested at the time of divorce
If your marital settlement agreement includes the full balance of the 401(k), make sure it’s understood whether the amount includes only vested contributions, or if non-vested amounts are also being claimed.

