1. Employee and Employer Contributions
The Divergent Marketing Solutions Inc. 401(k) Plan likely contains both employee contributions (amounts the employee chose to defer from salary) and employer contributions (matching or profit-sharing contributions). Both types can be divided by QDRO—but only if they are vested.
It’s critical to determine how much of the employer’s contributions were vested at the time of divorce. Unvested portions may eventually be forfeited if the employee leaves the company, and those amounts cannot be distributed to a former spouse.

