Employee vs. Employer Contributions
401(k) accounts are typically made up of two types of contributions:
- Employee contributions: These are always 100% vested and eligible for division.
- Employer contributions: These may be subject to a vesting schedule.
It’s critical to determine how much of the employer contributions the participant has actually earned as of the date of divorce. Unvested amounts are usually not divisible, and this can significantly reduce the value of the alternate payee’s share.

