Employee vs. Employer Contributions
Dividing a 401(k) requires identifying what portion of the participant’s account was built up through employee deferrals versus employer contributions. In this plan, which includes a profit-sharing feature, employer contributions may vary annually.
Typically, amounts contributed during the marriage are considered marital property. In many divorces, you’re dividing everything from the date of marriage through the date of separation or divorce. But the plan administrator needs clear direction about how to calculate the division.

