Employee and Employer Contributions
The total account value in a 401(k) often includes both employee deferrals and employer contributions. That means dividing the plan requires determining what was contributed during the period of marriage—and what portion is marital property. Here’s what to keep in mind:
- Only contributions made during the marriage are subject to division in most states.
- Employer contributions may be subject to a vesting schedule. The non-employee spouse may not have a right to unvested amounts.

