Employee and Employer Contributions
With a plan like the Stillwater Designs and Audio, Inc.. 401(k) Profit Sharing Plan, marital division typically includes both contributions made by the employee (through salary deferrals) and those made by the employer, if applicable. Here’s what to consider:
- Only the portion earned during the marriage is subject to division unless the parties agree otherwise.
- Employer matching or profit-sharing contributions may be subject to vesting schedules and only the vested portion is divisible.
- The QDRO should clearly state how contributions will be divided—whether by a specific dollar amount or percentage.

