Employee and Employer Contributions
401(k) plans generally include both employee contributions (from the participant’s salary) and employer contributions (often as matching funds). In the Oxendale & Associates, Inc.. 401(k) Plan, both types may be subject to division, but only the portions earned during the marriage are part of the marital estate.
The QDRO should clearly define how contributions are to be split, and whether earnings on those contributions (between separation and distribution) are also included.

