1. Employee vs. Employer Contributions
Most 401(k) plans are made up of employee deferrals (your own paycheck contributions) and employer contributions (matching or profit sharing). In the divorce context, both sources are often considered for division, but only to the extent they were earned during the marriage. You’ll also need to consider the vesting schedule for employer contributions. If the participant hasn’t met the time requirement to “earn” those employer funds, they may not be divisible.

