Employee vs. Employer Contributions
Most 401(k) plans consist of two main pieces: the money the employee put in (via elective deferrals) and the employer contributions. It’s common for divorce settlements to award a portion of the vested balance as of a certain date, or a flat percentage of the participant’s current account. However, some divorces may specify one party only gets the marital portion—what was earned during the marriage.
Be sure to determine whether employer contributions are involved and, if so, which portion is vested. Unvested contributions are usually not divided unless they later vest and the order includes language covering that.

