1. Employee and Employer Contribution Division
This plan likely includes both employee contributions (made directly from the participant’s paycheck) and employer contributions (often discretionary profit sharing). A divorce settlement should clearly address how both types are divided. Common division methods include:
- A flat dollar amount to the alternate payee
- A percentage of the account balance as of a certain date (e.g., date of separation)
- A coverture formula (pro-rata method based on time married during plan participation)

