Employee and Employer Contributions
401(k) plans like the Swanillon, Inc.. 401(k) Plan allow both the employee (participant) and the employer (plan sponsor) to contribute. In divorce, it’s important to determine what portion of the total balance is marital property. Typically, contributions made during the marriage—by either party—are divisible. Pre- or post-marriage contributions usually aren’t.
If the QDRO language isn’t clear about which portion of the plan balance to divide (e.g., specifying “marital portion earned from date of marriage to date of separation”), problems can arise. Don’t assume the administrator will sort this out for you—the QDRO must be precise.

