Employee vs. Employer Contributions
One of the first things to determine is whether you’re dividing only employee contributions, or both employee and employer-funded amounts. Many 401(k) plans, including those like The Orlo Fund 401(k) Plan, include employer matching or profit-sharing contributions.
Here’s where things get tricky: employer contributions may be subject to a vesting schedule. This means the employee gradually “earns” the right to keep those funds over time. If the plan participant isn’t fully vested, any unvested amounts might be forfeited—meaning they won’t be part of what’s divided.

