Employer Contributions and Vesting
Employer contributions made to a 401(k) aren’t always immediately owned by the participant. Most plans have a vesting schedule, which means an employee earns rights to employer contributions over time—often with milestones such as 20% vested after one year, 40% after two years, and so on.
If you’re splitting the account, it’s important to determine how much of the employer contributions are vested as of the date used in the divorce (usually the date of separation or division). Unvested amounts typically won’t be included in the alternate payee’s share.

