Dividing Employee and Employer Contributions
Most 401(k) plans include two types of contributions: employee deferrals and employer matching or discretionary contributions. In the Horizon Cable Service, Inc.. 401(k) Plan, both contributions may be subject to division, but only the portions that are “marital”—accrued during the marriage—are generally included.
Your QDRO should spell out:
- Whether to divide the account by percentage (e.g., 50%) or by a specific dollar amount
- Whether both employee and employer contributions are included
- Whether gains and losses from the date of division will be factored in

