Employee Contributions vs. Employer Contributions
When dividing a 401(k), it’s important to separate employee contributions (those dollars the employee spouse set aside from their paycheck) from employer contributions (typically matching or profit-sharing contributions from Flexforce staffing services, LLC 401(k) plan).
- Employee contributions are generally considered marital property to the extent they were made during the marriage.
- Employer contributions may be subject to vesting. Only the vested portion can be divided in most cases.

