Employee and Employer Contributions
The Veterinary Emergency Clinic 401(k) Profit Sharing Plan likely consists of both employee contributions (money the participant put in) and employer contributions (matching or profit-sharing contributions). One of the first steps in dividing the plan is deciding how contributions will be addressed in the QDRO.
A common method is to split the marital portion of the account as of a specific date—usually the date of separation or divorce—on a percentage basis (e.g., the alternate payee receives 50% of the marital portion). Keep in mind:
- Contributions made before marriage or after separation are usually considered separate property.
- Your state’s community property or equitable distribution laws may impact what is considered marital vs. separate.

