1. Employee and Employer Contributions
Most 401(k) accounts, like the A&e Incorporated 401(k) Profit Sharing Plan & Trust, include both employee salary deferrals and employer matching or profit sharing contributions. In a divorce, the QDRO should specify whether both types of contributions are being divided, and if so, how.
It’s also important to consider when those contributions were made. Typically, only the portion earned during the marriage is considered marital property. Contributions made before or after the marriage may remain separate property.

