Employee and Employer Contributions
Most 401(k) plans allow employees to make elective deferrals from their salary. Employers may also make matching or profit-sharing contributions. When dividing a 401(k), it’s important to account for:
- Employee contributions: These are typically 100% vested and divided according to the marital or coverture fraction.
- Employer contributions: These may be subject to a vesting schedule. Any unvested amounts may be forfeited if the employee leaves the job before they become vested.
We help determine whether the alternate payee should receive only vested employer contributions or a percentage of all contributions based on the duration of the marriage.

