Employee vs. Employer Contributions
One of the first things we look at in a 401(k) division is how much of the account is made up of:
- The employee’s own salary deferrals
- Matching or profit-sharing contributions from the employer
Both are generally marital property if they were earned during the marriage. However, employer contributions often come with vesting schedules. That means a portion may be forfeited if the employee spouse leaves the company before fully vested. If you’re the alternate payee, you don’t automatically get unvested contributions—even if they appear on the current statement.

