State of Florida (Equitable Distribution state). Husband has a fully vested 401K before marriage. He makes weekly contributions through paycheck
deductions and the company matches a portion. He also has a 50K loan from
the 401K which he used for down payment on a house. He makes a payment back
to the plan each week through payroll deduction to pay back the loan. After this is in place, he marries and wife files for divorce after seven years of marriage. He is about halfway through paying back the 401K loan.

Ignoring other assets and aspects of the divorce, and assuming Florida's equitable distribution rules, how would the court normally divide this 401K, which at time of divorce filing is worth around $500K? Is it just a simple matter of taking the ending value of the 401K when the divorce is filed and subtracting the beginning value at the time of marriage, subtracting the two numbers and assuming each party gets half of that value? Or is it
subtracting the two numbers and then also subtracting out the contributions
the husband made to the plan over the years? In other words, does the court literally award half of the increase in the balance during the marriage
(which is affected in part by the money the husband contributed), or is it
half of the actual earnings of the plan, which would be affected by the performance of the underlying stocks/mutual funds in the plan?

Also, is the remaining value of the loan factored in at all?

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)