1. Employee and Employer Contributions
Unlike a pension plan which pays out a fixed monthly benefit, 401(k) plans have individual account balances that grow over time based on contributions and investment returns. With the Tie Down Engineering 401(k) Plan, both the participant and the employer likely contribute. In a divorce, either or both types of contributions may be divisible, depending on when they were made.
We often divide only the marital portion of the account—what was contributed and accrued during the marriage. That cuts off ownership of funds before or after. Deciding on this cutoff date (often the date of separation or divorce filing) is crucial, and your QDRO must spell this out clearly.

