Employee and Employer Contribution Divisions
In most divorces, only the contributions made during the marriage are considered marital property. The Tonal Systems, Inc.. 401(k) may include both employee contributions and employer matching. Be aware that the employer match may not be fully vested. In your QDRO, you’ll need to be clear whether you’re dividing:
- The total account balance as of a specific date
- Only marital contributions (i.e., during the marriage)
- A flat dollar amount or percentage of the total or vested portion
We help our clients draft language that protects their interests and avoids unnecessary disputes over what “marital” really means in financial account terms.

