1. Employee and Employer Contribution Divisions
401(k) plans typically consist of both employee salary deferrals and employer contributions. Many clients assume they’re entitled to half of the full balance, but it’s not that simple. Whether the employer contributions are divisible depends largely on vesting (more on that next).
- Employee contributions are always 100% vested and dividable.
- Employer contributions may be subject to a vesting schedule, often based on years of service.
If your spouse wasn’t fully vested at the time of divorce, you may not be entitled to the unvested portion. That could make a big difference in how much you actually receive.

