Employee and Employer Contributions
With the Data Concepts 401(k) Plan, account balances typically consist of employee deferrals and employer contributions. In a QDRO, only the portion of the account earned during the marriage is considered marital property. Contributions made after separation are usually considered separate property, depending on your state’s laws.
Be sure your QDRO specifies whether the alternate payee is receiving a share of only the marital portion or a flat-dollar share. The method of division will impact how employer contributions are treated.

