Employee and Employer Contribution Allocations
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. These pieces may not always be fully vested. It’s important to:
- Define the “marital portion” as either a flat percentage or the contributions made between specific dates (e.g., from date of marriage to date of separation).
- Clarify whether the division should include both employee and employer contributions.
- Address future employer contributions post-divorce (which are typically excluded).

