1. Addressing Employer and Employee Contributions
The Culmen International, LLC 401(k) Profit Sharing Plan and Trust may include both employee and employer contributions. In a divorce, it’s essential to clearly separate the marital portion of these contributions. Typically, any funds earned during the marriage are subject to division. Contributions made before the marriage or after the divorce may remain separate property.
In the QDRO, we specify whether the alternate payee is entitled to:
- A flat dollar amount
- A percentage of the participant’s total account
- A percentage of the account as of a specific date (usually the date of separation or divorce)
We also ensure the division includes—or excludes—any gains or losses since that chosen date.

