1. Employee vs. Employer Contributions
Most 401(k) plans have two types of contributions: those made by the employee (from salary deferrals) and those made by the employer (like matching funds or profit-sharing). In a divorce, both are potentially divisible—but employer contributions might be subject to a vesting schedule.
If the employee-spouse is not fully vested, the non-employee spouse may only be entitled to a portion of those funds—or none at all—depending on the plan’s specific vesting rules.

