Employee and Employer Contributions
In a 401(k) like the Niles Plant Services, LLC Profit Sharing 401(k) Plan, both the employee and the employer typically make contributions. Only the marital portion—usually defined as the contributions made during the marriage—should be divided. Contributions made before or after the marriage are typically considered separate property.
In some cases, the QDRO can specify a flat dollar amount or a percentage of the balance as of a certain date (commonly the date of separation or date of divorce). The order must be clear about any post-divorce contributions or gains/losses that should or should not be included.

