Employee vs. Employer Contributions
Most 401(k) plans include two types of contributions: those made by the employee from their paycheck, and those made by the employer (often on a matching schedule). When dividing the plan in a QDRO, you’ll need to decide:
- Whether to divide just the employee contributions, or both employee and employer-funded portions
- What date defines the marital portion—commonly the date of separation, petition, trial, or divorce
With a plan like the Horwitz, LLC 401(k) Plan, we usually recommend a proportional approach so that all gains and losses from the marital portion are shared fairly—even if the market fluctuates after separation.

