Splitting Contributions: What Are You Entitled To?
In most divorces, the marital portion of a 401(k) includes contributions and investment gains accumulated during the marriage. This includes:
- Employee (participant) contributions
- Employer matching or profit-sharing contributions, if vested
In some cases, parties split the benefits 50/50. Other times, only the marital portion is divided. Be sure to work with a QDRO attorney who understands how to correctly calculate and describe this division so that it’s enforceable and clear.

