Employee and Employer Contributions
Most 401(k) plans have two key contribution types:
- Employee deferrals: what the participant voluntarily contributes from their paycheck
- Employer contributions: matching or discretionary amounts added by the plan sponsor
If you’re the non-participant spouse, you’re generally entitled to a share of both types during the marriage—but be careful. Employer contributions may be unvested at the time of divorce and may not be distributable until vested. This can affect your bottom line.

