Employee vs. Employer Contribution Splits
One of the first questions we ask clients is: how is the account funded? 401(k) plans typically include both employee (participant) and employer contributions. The key difference in divorce is that not all employer contributions may be fully “vested,” meaning they aren’t always available to divide.
If the participant has not been employed long enough or did not meet the vesting requirements, some employer-funded contributions could be off-limits for division. We’ll work with you to request an account statement showing the exact vesting percentages at your date of divorce or another agreed-upon date.

