Employee vs. Employer Contributions
In a 401(k), both the employee and employer can make contributions. During divorce, only the amounts earned during the marriage are subject to division. However, this can get tricky depending on:
- When contributions were made (before or during the marriage)
- Whether employer contributions are subject to a vesting schedule
- Whether the division is based on a fixed dollar amount or a percentage
For example, if some employer contributions haven’t vested yet, the non-employee spouse may not be entitled to those amounts—unless and until they become vested.

