Employee and Employer Contributions
The value of a participant’s 401(k) account comes from contributions made by both the employee (participant) and the employer. In divorce, both types of contributions may be divisible—however, employer contributions are sometimes subject to vesting schedules.
If you’re the non-employee spouse (also called the “alternate payee”), it’s important to determine:
- Which portions of the account are fully vested
- What portion is subject to a vesting schedule
- Whether the division should be based on a date of separation or actual value at the time of distribution

