1. Employee vs. Employer Contributions
In 401(k) plans, both the participant and the employer can make contributions. These must be divided based on marital property laws. Typically, only the contributions made during the marriage are considered marital property and subject to division.
When we draft QDROs for plans like the Sunshine State Plumbing 401(k) Plan, we determine the marital share using the time rule formula or a specific dollar amount/percentage—whichever makes the most sense under the settlement or court order.

