1. Employee vs. Employer Contributions
Most 401(k) plans, including the The Art Effect Inc. 401(k) Profit Sharing Plan & Trust, include both employee contributions (which belong entirely to the employee) and employer matching or profit-sharing contributions (which may be subject to a vesting schedule). In divorce, you can only divide what’s legally owned at the cutoff date—so understanding what has vested is key.
- Employee contributions are always fully vested and divisible.
- Employer contributions may be partially or fully unvested and are usually non-divisible if unvested at the time of separation.
- QDROs often specify division by percentage or dollar value “as of” a specific date (commonly the date of divorce or separation).

