Identifying Marital vs. Separate Property
The first step in dividing a 401(k) is determining which portion is considered marital property under your state’s laws. Typically, contributions made and earnings accrued during the marriage are subject to division. Contributions and gains before marriage—or after separation/divorce—are usually considered separate property. In your QDRO, we ensure only the marital portion is divided, unless both parties agree otherwise.

