Employee and Employer Contribution Splits
The most common method for dividing 401(k) assets is using a percentage of the marital portion—typically from the date of marriage to the date of separation or divorce. Both the employee’s contributions and employer-match contributions earned during the marriage are generally considered community or marital property.
However, employer contributions may be subject to a vesting schedule. In that case, only vested portions would be divisible. This is especially important in plans sponsored by corporate employers like Trc construction, Inc.. 401(k) plan.

