Employee and Employer Contributions
In a 401(k), both the participant (employee) and the employer may contribute. Only amounts contributed during the marriage are subject to division in a divorce. When dividing the Ear, Nose & Throat Consultants, P.c. 401(k) Plan by QDRO, both employer and employee contributions should be reviewed and allocated accordingly. One common error is failing to include employer contributions in the marital portion—this can negatively impact the alternate payee’s share.

