Employee vs. Employer Contributions
401(k) plans consist of contributions from both the employee and, often, the employer. When dividing any 401(k) plan in a divorce, it’s essential to identify:
- Which contributions are marital property
- Which amounts are fully or partially vested
- The date the account should be valued (known as the “as of” date)
Employer contributions often follow a vesting schedule. So, if the employee spouse has not completed enough years of service, part of the employer’s contributions may not be divisible. Those unvested amounts may be forfeited if not yet earned at the time of divorce.

