Employee vs. Employer Contributions
The Wallin & Khosla LLC 401(k) Plan likely consists of both employee deferrals and employer matching or profit-sharing contributions. In a divorce, you can divide all contributions made during the marriage, but you’ll need to pay attention to:
- The date range for the marital portion
- Vesting rules for employer contributions
- Whether employer matches are fully vested
Unvested amounts from employer contributions may not be available to divide. These rules vary depending on how the plan is structured, so you’ll need help interpreting the plan’s vesting schedule.

