Employee vs. Employer Contributions
401(k) accounts typically include funds that the employee has personally contributed plus amounts the employer may have contributed as a match. The employee’s contributions are always 100% vested, but the employer’s portion may be subject to a vesting schedule.
In your divorce, you’ll want to determine:
- How much of the employer’s contributions are vested
- Whether to divide only the vested portion or include future vesting rights
- If the non-employee spouse (the “alternate payee”) is entitled to both types of contributions

