1. Dividing Employee and Employer Contributions
The Hicks Lightning Protection 401(k) Plan likely includes both employee and employer contributions. In divorce, your QDRO must clarify whether the division includes just employee contributions, or both employee and employer-funded amounts.
Most courts consider all contributions made during the marriage as marital property—regardless of who made them. However, if your spouse started the 401(k) before the marriage, only the portion earned during the relationship may be community or marital property. This distinction should be clearly addressed in the QDRO.

