Employee vs. Employer Contributions
With a 401(k) plan like the Data Management Services, Inc.. 401(k) Rate Group Profit Sharing Plan, contributions may come from both the employee (typically through salary deferrals) and the employer (often through matching or discretionary profit sharing). In a divorce, the portion of these contributions earned during the marriage is usually considered marital property.
However, employer contributions may be subject to a vesting schedule. That means only a portion of them may be considered marital, depending on how long your spouse worked for Data management services, Inc.. 401(k) rate group profit sharing plan. A properly drafted QDRO needs to spell this out clearly.

