Employee and Employer Contributions
Most 401(k) plans include contributions made by the employee (through payroll deductions) and often employer matching or safe harbor contributions. One common question we hear is: Does the spouse get a share of both? The answer usually depends on when those contributions were made—during the marriage or after separation. Contributions earned during the marriage are typically considered marital property and are divisible.
However, keep in mind that some employer contributions may not be fully vested. That leads directly to our next major issue.

