Employee and Employer Contributions
One of the first questions in any QDRO is: What portion of the 401(k) is marital property? For the Martin Car Financing, Inc.. 401(k) Plan, both employee and employer contributions can be divided in a divorce—but only the amounts accrued during the marriage. Outside contributions (either before marriage or after separation) are typically considered separate property.
This 401(k) plan may match employee salary deferrals with employer contributions. Depending on the plan’s structure and the timing of those deposits, you may need to clearly define which funds are to be divided. Note that the employer match may be subject to vesting requirements.

