1. Employee vs. Employer Contributions
A 401(k) like The Ethan Allen Retirement Savings Plan generally includes both employee deferrals and employer contributions (like match or profit sharing). In most divorces, the marital portion of an account includes all vested employer contributions earned during the marriage.
Keep in mind:
- The employee’s own deferrals are always 100% vested and divisible.
- Employer contributions may be subject to a vesting schedule—only the vested portion is marital property.
- Unvested funds at the time of divorce are usually not included in the division, unless the order includes language that awards future vesting (rare and often not accepted by plans).

