1. Employee vs. Employer Contributions
In most 401(k) plans, both the employee and employer contribute to the retirement account. During a divorce, only the “marital portion” is subject to division, commonly defined as what was earned and contributed during the marriage. However, when splitting the account, it’s essential to specify whether the alternate payee is receiving a flat dollar amount or a percentage of account balances—and whether that applies to both employee and employer contributions.
If employer contributions are involved, check the plan’s vesting schedule. Unvested employer contributions may not be available for distribution at the time of divorce.

