Employee and Employer Contributions
401(k) plans like the Convoyant 401(k) Profit Sharing Plan often include both employee salary deferrals and employer matching or discretionary contributions. In divorce, it’s common to divide the total account value accrued during the marriage, but special consideration should be given to:
- Which part of the balance is from employee vs. employer contributions
- Whether employer contributions are fully vested
- How division will apply to different contribution types
For example, if some employer contributions are subject to a vesting schedule and the employee-spouse isn’t yet 100% vested, the alternate payee (typically the non-employee spouse) may only be entitled to the vested portion as of the division date.

