Employer vs. Employee Contributions
401(k) accounts typically include both employee deferrals and employer matching or profit-sharing contributions. In divorce proceedings, both types of contributions accrued during the marriage are typically considered marital assets. However, how much of that is divided depends on fair market value and marital ownership periods.
If contributions were made both before and during the marriage, it may be necessary to perform a coverture fraction calculation or determine specific dollar values from statements. This is information we often help clients acquire during the drafting process.

