Direct Contributions vs. Employer Contributions
Most 401(k) plans include both employee (participant) contributions and employer match contributions. However, employer matches often follow a vesting schedule.
- Any vested amount is divisible in divorce.
- Any unvested portion may be forfeited after divorce or job termination.
It’s crucial to verify the employee’s vesting status as of the date used for division—often the divorce date or separation date—so you know what funds are available for division.

