Employee vs. Employer Contributions
Most 401(k) plans have a combination of employee salary deferrals and employer-matching contributions. One of the most common issues we encounter is whether the former spouse is entitled to both types of contributions.
Generally:
- Employee contributions are clearly divisible from the marital portion.
- Employer contributions may be subject to vesting schedules.
You’ll need to know the vesting schedule for the plan. If the participant’s employer contributions aren’t fully vested, the alternate payee’s share might be limited to the vested portion at the time of divorce or QDRO submission.

