Employee and Employer Contributions
401(k) plans like the Eye Medical Center 401(k) Psp are typically funded by both employee and employer contributions. In most divorces, anything earned during the marriage is considered marital property—and subject to division.
However, separating the employee’s contributions from any matching or discretionary employer contributions may require tracing. That’s especially true if:
- Only part of the account balance was earned during marriage
- The participant had prior service before the marriage began
The QDRO must state clearly how to divide the account—either using percentages, dollar amounts, or formulas tied to specific dates.

