Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. During divorce, it’s important to clarify:
- How much of the account is to be divided
- Whether the division includes only employee contributions or also employer contributions
- Whether gains and losses accrue on the transferred amount
This distinction matters. Employer contributions may be subject to vesting schedules, which could affect what the non-employee spouse receives.

