Employee and Employer Contributions
Most 401(k) plans include two sources of funds: employee deferrals and employer contributions. In some divorce cases, the order only divides contributions made during the marriage. You’ll want to be clear whether you’re dividing just the marital portion or the entire account balance. If the employer has made matching or discretionary contributions, it’s also important to address whether those will be included in the split. This matters a lot in long-term marriages.

