1. Dividing Employee and Employer Contributions
It’s common for divorcing couples to split a portion of the 401(k) account that accrued during the marriage, often from the date of marriage to the date of separation. This typically includes:
- Employee contributions (pre-tax and post-tax)
- Employer matching or profit-sharing contributions
However, not all of the account may be divisible—especially if the employer contributions are subject to a vesting schedule, which brings us to the next point.

