1. Employee vs. Employer Contributions
In many 401(k) plans, the account balance includes both employee contributions (pre-tax or Roth) and employer matching or profit-sharing contributions. It’s important to clarify whether the division includes:
- Only employee contributions
- Both employee and employer contributions
The default rule in most divorce cases is to divide the total account, including employer contributions. However, unvested portions of employer contributions are often excluded. We’ll discuss that next.

