Contributions from Employee and Employer
401(k) plans like this one often include both employee contributions and employer profit-sharing contributions. When dividing the plan, it’s important to understand which parts are subject to division and which are not.
- Employee Contributions: These are always 100% vested and divisible.
- Employer Contributions: These may be subject to a vesting schedule. Unvested portions may be non-transferable during the divorce, depending on when the divorce is finalized and what portion has vested by that date.

