Employee and Employer Contributions
Most 401(k) plans contain both employee (pre-tax or Roth) contributions and employer-paid contributions such as matching or profit-sharing. When dividing the account, you need to state whether both sources are being split and on what basis.
- Contributions made during the marriage are considered marital and usually subject to division.
- Employer contributions may have separate vesting schedules—only vested portions are typically divisible unless agreed otherwise.

