Employee and Employer Contributions
401(k) plans include individual contributions by the employee and often matching contributions from the employer. In this case, both types can be divided in a divorce—but with conditions. While employee contributions are fully vested from day one, employer match contributions may be subject to a vesting schedule. This means the alternate payee (ex-spouse) may not be entitled to the full account balance reported in the plan unless the participant is 100% vested.

