Employee and Employer Contributions
The Metal Culverts, Inc. 401(k) Profit Sharing Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. In a divorce, only the portion earned during the marriage is typically considered marital property. It’s critical to distinguish between pre-marital and marital contributions, especially if contributions occurred both before and during the marriage.
A proper QDRO will clearly define whether the alternate payee (usually the non-employee spouse) is entitled to a flat dollar amount, a percentage of the account, or a percentage of only the marital portion.

