1. Employee vs. Employer Contributions
One major issue in 401(k) division is distinguishing between what the employee contributed versus what was contributed by the employer. The timeline matters: only assets and contributions made during the marriage are typically considered community or marital property.
Employer contributions may be subject to a vesting schedule, meaning not all of it may be included as divisible property. You’ll need to verify the vesting schedule in the plan documents or SPD to understand what amount was vested at the time of separation or divorce.

