Employee and Employer Contribution Divisions
A 401(k) plan usually includes contributions from both the employee and employer. In divorce, it’s common to divide only the marital portion of the plan—that is, the portion earned during the marriage. If contributions began before marriage or continued after the date of separation, the QDRO needs to clarify which parts are included.
For the Anaheim Majestic Garden Hotel 401(k) Plan, this means we must determine not just the balance, but the source of the funds included. The QDRO should specify:
- The percentage or dollar amount to be awarded to the alternate payee
- If gains or losses apply post-division
- Exact dates of marriage and separation for calculating marital share

