1. Employee and Employer Contributions
With a 401(k) like the Littleton Coin Company, Inc.. Employee Retirement Plan, both employee and employer contributions made during the marriage are usually considered community or marital property. Complexities can arise when:
- The account existed before marriage
- Employer matches are partially-vested at the divorce date
- Contribution timing around the date of separation or divorce
It’s critical to specify cutoff dates and how contributions will be divided — for example, “50% of the participant’s account balance accrued between the date of marriage and the date of separation.”

