Employee vs. Employer Contributions
Many people think of 401(k)s as money the employee sets aside from each paycheck. That’s only part of the picture. Most 401(k) plans include employer-matching contributions or profit-sharing funds. In this plan, both types likely exist. During the QDRO drafting process, contributions by both the employee (the participant) and the employer need to be reviewed.
- Contributions made during the marriage are generally marital property.
- Any funds contributed before the marriage or after legal separation are often considered separate property—but must be traced properly.

