1. Employee vs. Employer Contributions
In many 401(k) plans like the Tc Running 401(k) Plan, contributions can come from both the employee and the employer. It’s crucial to determine whether you’re dividing:
- Just the employee’s contributions and any related earnings
- The employee and employer matches
- Only vested employer contributions
Generally, a former spouse is only entitled to the vested portion of employer contributions. If some of those contributions are not yet vested at the time of divorce, they may be subject to forfeiture and excluded from the division.

