Employee and Employer Contributions
401(k) accounts consist of both employee contributions (the money the participant set aside from their paycheck) and employer contributions (such as matching or profit-sharing funds). In many divorce cases, both components are considered marital property—but only if they were earned during the marriage.
Importantly, employer contributions may be tied to a vesting schedule. If the participant isn’t fully vested at the time of division, a portion of the employer contributions might not be available to divide. You’ll want to be very specific about whether to include only vested amounts—or to divide all contributions with an adjustment for forfeitures later.

