1. Employee and Employer Contributions
When dividing the Bok Financial 401(k) Plan, it’s essential to know how much of the account was contributed by the employee versus the employer, and when those contributions were made. Only contributions made during the marriage are considered marital property in most states. Contributions made before or after the marriage may be considered the participant’s separate property.
While most QDROs award a percentage or fixed dollar amount from the marital portion of the plan, it’s important to work with a QDRO attorney to define exactly how that marital portion will be calculated and whether gains or losses will be included from the division date until distribution.

