1. Employee vs. Employer Contributions
In most 401(k) plans, employees can make pre-tax or Roth after-tax contributions. Employers may match contributions up to a certain percentage. In divorce, only the marital portion of these contributions is generally divisible—usually from the date of marriage to the date of separation or divorce. Employer contributions may be subject to vesting rules, so it’s crucial to confirm what portion is vested before dividing.

