Employee vs. Employer Contributions
401(k) plans typically consist of contributions made by the employee and matching or profit-sharing amounts from the employer. In your divorce, only the portion earned during the marriage is marital property—which applies to both the employee and employer portions.
However, unvested employer contributions may be forfeited after divorce, depending on the plan’s vesting schedule. That’s why it’s crucial to determine how much of the employer’s contribution is actually vested and available to be divided between the spouses.

