1. Dividing Employee and Employer Contributions
A 401(k) account may include:
- Employee deferrals —the participant’s own payroll contributions
- Employer matching or discretionary contributions
Many divorcing spouses assume they’re only splitting employee contributions, but that’s rarely the case. Make sure you divide the entire account balance—including vested employer contributions, if applicable—as of a specific date (often the date of separation or divorce).

