Employee and Employer Contributions
When dividing a 401(k), it’s essential to define what portion of the account will be awarded to the alternate payee. This often includes:
- Employee contributions made during the marriage
- Employer matching or profit-sharing contributions, if vested
Some agreements divide only the “marital portion” of the plan—contributions made and earnings accumulated during the marriage. Others opt for a flat percentage of the account balance on the date of division.

