Employee and Employer Contributions
Most 401(k) plans include both:
- Employee salary deferrals (pre-tax and/or Roth)
- Employer matching or discretionary contributions
It’s important to decide upfront whether the alternate payee’s share will come from just the employee’s own contributions, or whether it will also include vested employer contributions. In some cases, employer contributions are subject to a vesting schedule that could exclude some funds from division if not yet fully earned at the time of divorce.

