1. Dividing Contributions
401(k) plans include both employee and employer contributions. In a divorce, both may be subject to division. How these are split depends on the timeframe in which the contributions were made and local applicable marital property laws.
- Employee Contributions: Usually 100% vested and therefore fully divisible.
- Employer Contributions: Often subject to a vesting schedule. Unvested amounts may not be included unless the participant remains employed long enough for these amounts to vest.

