Employee and Employer Contributions
When dividing a 401(k) in divorce, both employee contributions and vested employer contributions are typically part of what gets divided. It’s crucial to determine:
- The total contributions made during the marriage
- Which amounts are vested (available to the employee) and which are not
- Whether any employer contributions are subject to ongoing vesting schedules
Plans like the The Spero Project 401(k) Plan may require forfeiture of non-vested amounts upon divorce and distribution. So, if the spouse earning the benefit hasn’t been with the employer long enough to vest fully, the other spouse might be entitled to less—or none—of the employer match.

