1. Employee vs. Employer Contributions
The Horizon Cable Service, Inc.. 401(k) Plan likely allows both employee salary deferrals and employer matching contributions. When dividing the account, you must determine:
- Whether the alternate payee is entitled to only employee contributions, or both employee and employer contributions
- How to treat any employer matches that haven’t yet vested
- Whether post-divorce contributions (after the separation date) are excluded
Employer contributions are often subject to vesting schedules. This means some of the account balance may not be fully owned by the employee and thus may not be available for division. The QDRO must account for this, especially if near-future vesting is expected.

