1. Employee and Employer Contributions
Both you and your spouse may have different types of contributions inside a 401(k) plan:
- Employee Contributions: Fully vested immediately in most plans
- Employer Contributions: Often subject to vesting schedules—some portions may not be marital property yet
During divorce, only the vested percentage of employer contributions can typically be divided unless otherwise agreed. It’s crucial to have the plan’s most recent account statement showing vested vs. unvested amounts, especially if employment is ongoing.

