1. Employee vs. Employer Contributions
Most 401(k) profit sharing plans include both employee salary deferrals and employer contributions. In the context of this plan, determining which portions are subject to division depends on:
- When the contributions were made (before or after marriage)
- Whether contributions were fully vested at the time of divorce
You may choose to divide only those amounts contributed during the marriage, a method known as “coverture fraction” (also referred to as the “time rule”) or go with a fixed dollar amount. Either can be used as long as the language is clear.

