1. Employee vs. Employer Contributions
401(k) plans typically contain two funding sources: contributions made by the employee, and those made by the employer. In this plan, some of the employer contributions might still be subject to vesting schedules. That means only a percentage of those funds are “owned” by the employee at the time of divorce.
If the plan participant isn’t fully vested, any unvested portion won’t be available for division. This catch often surprises people, especially when divorce happens early in a person’s employment.

