1. How Contributions Are Divided
In the Midstates Bank, National Association 401(k) Plan, the account likely includes:
- Employee salary deferral contributions (pre-tax and/or Roth)
- Employer matching contributions (subject to vesting)
- Investment gains and losses
It’s crucial to clearly define which parts of the account should be divided. Most QDROs use a formula to split contributions made during the marriage—known as the “marital portion.” Always verify the exact date range of marital contributions and specify in the QDRO whether gains and losses apply.

