Employee and Employer Contribution Division
This 401(k) plan is likely funded by both employee deferrals and employer matching contributions. During division, it’s important to specify:
- What portion of the plan balance will be divided (e.g., 50% of the marital portion)
- The date of division (typically the date of separation or date of divorce)
- Whether gains and losses from the division date to the distribution date will apply
If the participant continued to contribute after separation, those post-separation contributions are often excluded unless otherwise negotiated.

