1. Evaluating Employee and Employer Contributions
With 401(k) plans like the Ilumed LLC 401(k) Plan, both employees and employers typically contribute. A common mistake is assuming all funds are marital property. However, contributions made before the marriage or after separation may be considered separate property. Be clear with your attorney or QDRO professional on the exact marital period, so the order divides only the proper portion of the account.
Employer contributions also may be subject to a vesting schedule. If your spouse is only partially vested at the time of divorce, the non-vested portion may not be divisible. The QDRO should factor this in and outline what happens if benefits are forfeited or lost later.

