1. Employee and Employer Contribution Division
Most 401(k) balances include both elective deferrals made by the employee and employer matching or profit-sharing contributions. A divorce settlement will often split the total account balance—but you’ll need to decide whether that includes all vested employer contributions.
If the value is being divided as of a specific date (e.g., date of separation), you’ll need accurate account statements. And remember that only vested employer amounts can be divided—unvested funds may be forfeited when the employee leaves the company.

