Employee vs. Employer Contributions
Many 401(k) profit sharing plans have two sources of funding: employee deferrals (including Roth and traditional contributions) and employer matching or profit-sharing contributions. Under divorce laws in most states, both can be marital property—but only if they are earned during the marriage.
Keep in mind that employer contributions may be subject to a vesting schedule. That means even if the employer added money to the account, some of it may not “belong” to the participant unless they worked at the company long enough to become fully vested. Any unvested amounts at the time of divorce are generally not divisible.

