Dividing Employee and Employer Contributions
Most 401(k) accounts like the Calstro Hospice 401(k) Plan consist of two main sources of funds: employee deferrals and employer contributions or matching. In divorce, it’s important to clarify whether the division includes:
- Just the participant’s contributions
- Employer match (if vested)
- Growth/losses on all of the above through the date of distribution
Some ex-spouses mistakenly assume they’re entitled to the full account balance, even when part of it includes post-separation contributions. We recommend choosing a clear valuation date (e.g., date of separation or date of division) and specifying whether gains or losses will be included.

