Employee and Employer Contributions
In most 401(k) plans, the participant regularly contributes pre-tax or Roth dollars, and the employer may make matching or profit-sharing contributions. It’s important to determine:
- What portion of the account balance is attributable to the participant’s contributions
- What portion is from employer contributions
- Whether those employer contributions are fully vested
Only vested amounts can be awarded to a former spouse. For example, if the participant’s employer made contributions that are only 60% vested at the time of the divorce, then only that 60% would be available to divide.

