Employee vs. Employer Contributions
401(k) accounts typically consist of money contributed by the employee and matching or profit-sharing contributions from the employer. Determining what’s marital property often depends on when the contributions were made:
- Employee contributions made during the marriage are almost always marital property.
- Employer contributions may be subject to vesting, and only the vested portion may be divided.
In the St. Louis Auto Dealers Association – Teamsters Local 618 401(k) Plan, you’ll need to review the latest benefit statement or summary plan description to determine vested vs. unvested balances. Unvested amounts typically cannot be assigned to a former spouse.

