Employee and Employer Contributions
This type of plan will likely include both employee contributions and potentially match-based employer contributions. In divorce, both portions may be considered marital property. However, special care must be taken with:
- Identifying whether employer matches are fully vested
- Using specific language to divide account types (e.g., 50% of the participant’s total account balance as of a certain date)
- Acknowledging post-separation contributions that may or may not be included, depending on the divorce agreement or state law

