Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer profit sharing. Typically, employee contributions are fully vested immediately, while employer contributions are subject to a vesting schedule. Spouses should be clear on:
- Who contributed what and when
- Whether employer contributions earned during the marriage are vested or not
- Whether to divide only the marital portion (i.e., contributions made between date of marriage and date of separation)
If not vested, some employer contributions may be forfeited unless the participant remains employed for a designated period. These unvested amounts can’t be assigned to the alternate payee (former spouse).

