1. Employee and Employer Contributions
A 401(k) plan will typically include both employee and employer contributions. When dividing the Leonard Fountain Specialities 401(k) Profit Sharing Plan & Trust, it’s vital to determine:
- Which portions are marital (earned during the marriage) versus separate property
- Whether the employer contribution is subject to a vesting schedule or was fully vested at separation
- How the QDRO should allocate gains or losses on the marital share
You have options for division: a flat dollar amount, percentage of balance, or marital coverture formula. We walk our clients through these options to make sure everyone understands the implications.

