1. Employee and Employer Contributions
401(k) balances may include both employee deferrals and employer matching or profit-sharing contributions. In divorces, it’s common for orders to divide the total account balance as of a certain date or to target only contributions made during the marriage.
However, employer contributions may be subject to a vesting schedule —meaning those funds may not be fully available for division if the participant is not fully vested at the time of the divorce. If certain employer contributions haven’t vested, the alternate payee may not be able to receive any benefit from those amounts.

