Employee Contributions vs. Employer Contributions
Most 401(k)s have two sources of funding: employee deferrals and employer matches or profit sharing.
- Employee Contributions: These typically belong to the participating spouse and are fully vested immediately.
- Employer Contributions: These may be subject to a vesting schedule. If a participant isn’t fully vested, a portion of the account may be forfeited if they leave the company.
It’s critical to determine the vested balance as of the division date. Only the vested portion can be awarded to the alternate payee.

