Employee vs. Employer Contributions
401(k) plans typically include both employee and employer contributions. Only vested amounts are on the table. If the participant is not 100% vested in the employer’s match at the time of divorce, a portion of those funds may not be available for division. This is where an understanding of the plan’s vesting schedule becomes crucial. If you divide the account “as of” a specific date, unvested employer contributions might be excluded—and could revert to the employer if the employee later leaves before full vesting kicks in.

