Employee vs. Employer Contributions
401(k) plans typically include amounts the employee contributed plus any matching or profit-sharing contributions made by the employer. When dividing these funds in a divorce, it’s critical to specify which contributions are included:
- All employee contributions are considered fully earned and divisible.
- Employer contributions may be subject to vesting—more on that below.
A common method is to divide the account balance as of a specific date (usually the date of separation or divorce filing), and include or exclude investment gains or losses from that date forward depending on the court order.

