Employee vs. Employer Contributions
401(k) plans often include both employee contributions (what the employee defers from their paycheck) and employer matching or profit-sharing contributions. In most divorces, only the amounts earned during the marriage—known as marital or community property —are subject to division.
It becomes crucial to:
- Determine which contributions were made during the marriage
- Exclude pre-marital or post-separation contributions
- Clarify how profit-sharing amounts are allocated over time

