1. Employee vs. Employer Contributions
Most people assume all 401(k) balances are fair game, but that’s not always the case. The participant’s own salary contributions are almost always considered marital property. But employer contributions may be subject to a vesting schedule, which means only a portion (or none) may be transferable at the time of divorce.
Check with the plan administrator to request the vesting schedule and determine which funds are considered “vested” as of the division date. Unvested employer funds typically revert back to the plan and are excluded from division.

