Employee and Employer Contributions
401(k) plans include both employee salary deferrals and employer matching or profit-sharing contributions. It’s important to determine which portion of the balance is marital property. Generally, any contributions made — and the investment gains on those contributions — during the marriage are considered divisible.
However, if the plan participant began working before the marriage, pre-marital contributions are typically considered separate property. A QDRO can be written to divide only the marital portion, protecting any separate interest the participant had before the marriage began.

