Employee and Employer Contributions
401(k) accounts typically include amounts the employee contributed (fully vested from day one) and amounts the employer matched or contributed according to a vesting schedule. In most divorces, retirement benefits earned during the marriage are considered marital or community property.
When we draft a QDRO for the Meadowlark Way Care Home Inc. 401(k), one of the first things we determine is what portion of the account—employee contributions, employer contributions, or both—should be divided. If the employee spouse earned part of the account before marriage or after separation, those amounts are usually excluded.

