Identifying and Dividing Employee vs. Employer Contributions
Most 401(k) plans allow employees to contribute a percentage of their salary, and employers often match all or part of those contributions. In a divorce, you may want to split the entire account or just a portion of it (usually the marital portion). You’ll need to decide:
- Whether to include just employee contributions or both employee and employer contributions
- How the division will account for appreciation/losses after the date of division
- If the alternate payee (usually the non-employee spouse) will be awarded a fixed amount or a percentage of the account

