Employee vs. Employer Contributions
One of the first things to identify is which contributions are eligible for division:
- Employee contributions are typically 100% vested and eligible for division. These include regular pre-tax or Roth deferrals deducted from the participant’s paycheck.
- Employer contributions may be subject to a vesting schedule. It’s critical to verify how much of the employer match or profit-sharing portion is vested on the date of divorce or the date of division—whichever your court order specifies.
Any unvested employer contributions will remain with the employee and cannot be assigned to the ex-spouse.

