Employee and Employer Contributions
Most 401(k) plans—likely including the Lutheran Homes Society Employee Retirement Plan—include both employee deferrals and employer contributions. When dividing the plan in a divorce, you’ll need to determine if you’re dividing:
- Just the participant’s contributions
- Both participant and employer contributions
- Only the vested portion of the employer match
A common approach is to divide the total account balance accrued during the marriage, but that only works if both contributions and matching funds are clearly addressed. Otherwise, unintended disputes may arise.

