Employee vs. Employer Contributions
In the Icon Legacy Custom Modular Homes, LLC 401(k) Plan, both employee and employer contributions can be subject to QDRO division—but only the portion earned during the marriage is typically considered marital property. Any contributions or earnings from before or after the marriage may be classified as separate property, depending on your state’s laws.
It’s important to distinguish whether the account balance includes employer matching or profit-sharing contributions, and whether those contributions are fully vested. Any unvested amounts usually cannot be divided with the alternate payee at the time of divorce.

