Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or profit-sharing contributions. In divorce, it’s important to know what portion of the account each party is entitled to.
- Employee contributions are almost always 100% vested and divisible at divorce.
- Employer contributions, however, may be subject to a vesting schedule.
If contributions are not yet vested on the divorce date, they usually won’t be included in the spouse’s award. Make sure you get the plan’s vesting schedule in writing before agreeing on a division.

