Employee vs. Employer Contributions
401(k) accounts are made up of employee salary deferrals and, in many cases, employer contributions. Distinguishing between these is essential because:
- Only plan contributions made during the marriage are considered marital property in most states.
- Employer contributions may be subject to vesting schedules (which we’ll explain below).
For the Savvas Learning Company LLC Retirement Plan, employee contributions are typically non-vested immediately and should be divided based on what was deposited during the marriage. Employer contributions, however, may be subject to forfeiture rules if they aren’t fully vested.

