1. Dividing Employee and Employer Contributions
401(k) plans typically include funds contributed by both the employee and the employer. In many divorces, the marital portion includes all contributions made from the date of marriage to the date of separation. The QDRO should clearly define those dates and specify whether it’s dividing just the marital portion or the whole account. Employer contributions may also be subject to a vesting schedule, meaning some funds may not be available for division depending on how long the employee-spouse has worked at Edmundson Inc.

