Employee and Employer Contributions
In 401(k) plans like this, both the employee and the company—Lemek slower lower, LLC 401(k) profit sharing plan—may contribute retirement funds. During divorce, contributions made during the marriage are usually considered marital property subject to division, while contributions made before or after the marriage may be considered separate property depending on your state’s rules.
When drafting the QDRO, it’s critical to tell the plan how to split those funds. Most commonly, this is done as of a specific date (often the separation or divorce filing date). Employee and employer contributions can be split differently, especially if there’s a vesting schedule involved.

