1. Employee and Employer Contributions
The total balance in a 401(k) typically includes contributions from both the employee and the employer. In divorce, the key issue is determining which portion is marital property. In most states, only the contributions and growth during the marriage are divided. Any contributions before marriage (and sometimes after separation or divorce) may be considered separate property.
Keep in mind that the Hoekstra Electrical Services 401(k) Plan may include:
- Pre-tax traditional contributions
- After-tax Roth contributions
- Employer matching or profit-sharing contributions
Each of these may be treated differently in a QDRO and may have different vesting rules.

