Employee and Employer Contributions
This plan likely includes both employee deferrals and employer profit-sharing contributions. In your divorce, it’s critical to determine whether you’re splitting:
- Only employee contributions and earnings
- Or both employee and vested employer contributions
Employer contributions are often subject to a vesting schedule. If the employee (your spouse or yourself) has not worked long enough to become fully vested, part of the employer contributions may not be available for division and may be forfeited if employment ends.

