Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions and employer matches or profit sharing. In many divorces, only the account balance earned during the marriage is divided. However, unless specifically stated in your decree, employer contributions may also be divided, depending on vesting and marital timing.
- Employee Contributions: These are always 100% vested and divisible.
- Employer Contributions: These may be subject to a vesting schedule and only divisible if vested.

