Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. A QDRO for the Divergent Marketing Solutions Inc. 401(k) Plan should specify whether the alternate payee (typically the ex-spouse) is receiving a portion of:
- Employee contributions only
- Employer contributions (if vested)
- Investment earnings and losses
It’s also important that the QDRO specifies the valuation date—for example, the date of separation, the date of divorce, or another agreed-upon date—to determine what portion is marital.

