1. Contribution Types—Employee vs. Employer
The Martin Auto Group 401(k) Plan likely includes both employee and employer contributions. In divorce, the QDRO must specify whether the alternate payee (usually the non-employee spouse) is receiving a portion of:
- Only employee contributions
- Both employee and employer contributions
- The earnings/gains/losses on those contributions through the division date
We recommend including earnings and losses up to the date of distribution to avoid disputes later.

