Employee and Employer Contributions
Contributions made by the employee (participant) and the employer during the marriage are potentially divisible. However, caution must be taken with employer contributions. Many 401(k) plans place vesting schedules on employer matches, meaning the participant may not fully own these funds yet.
If you’re dividing this plan in divorce, determine:
- What portion of the employer contributions are considered “vested” as of the division date
- Whether any unvested amounts might forfeit after the divorce

