1. Employee vs. Employer Contributions
The total balance of a 401(k) usually contains both employee contributions (money directly deducted from the employee’s paycheck) and employer contributions (matching or other funds provided by the company). In most divorces, only the marital portion is divided—usually the funds earned during the marriage. With the Staples & Associates, Inc.. 401(k) Plan, each contribution type can be tracked separately. It’s important to determine the date of marriage and the date of separation or divorce to calculate what’s marital vs. separate.

