Employee and Employer Contribution Division
One of the first things to decide is how to split the account. Most common is a percentage split (e.g., 50/50) of the marital portion, which typically includes all contributions made during the marriage. For the Sw North America, Inc.. 401(k) Plan, this means dividing:
- All employee contributions made during the marriage
- Employer matching contributions earned and vested by the date of separation or divorce
It’s important to note that contributions made before the marriage or after separation may not be considered marital property, depending on your state’s laws.

