Employee and Employer Contributions
401(k) plans include both employee deferrals and possible matching or profit-sharing contributions from the employer. In divorce, a common arrangement is for the alternate payee to receive 50% of the participant’s vested balance as of the date of separation or divorce.
But here’s the catch — many 401(k) plans have different vesting schedules for employer contributions. The Statewide 401(k) Plan may only allow division of vested employer funds. Any non-vested contributions might be forfeited or reverted to the plan if the employee leaves before full vesting.

