Employee and Employer Contributions
401(k) plans involve both employee deferrals and potentially employer matching or discretionary contributions. The most common approach is to divide only the portion earned during the marriage. To do this, you may use a formula approach such as the “coverture fraction”—which accounts for how much of the total contributions were made during the marriage.
A mistake we often see is overlooking employer contributions that were made during the marriage but didn’t vest until after the divorce. More on that below.

