Employee and Employer Contributions
Both employee and employer contribute to 401(k) plans. In most divorces, the goal is to split only what’s considered “marital.” This means contributions and gains accrued during the marriage, not after separation or before marriage.
If the plan has significant employer matching, it’s important to distinguish between:
- Employee contributions (typically 100% vested right away)
- Employer contributions (usually subject to a vesting schedule)

