Employee and Employer Contributions
The Advanced Systems Design, Inc.. 401(k) Plan likely includes both employee deferrals and employer matching contributions. In a QDRO, you can request a percentage or flat dollar amount based on the plan balance as of a certain date (usually the separation or divorce date).
However, employer contributions may be subject to a vesting schedule. If the participant spouse isn’t fully vested, some of those matching funds might not be available for division. A well-drafted QDRO should clarify whether unvested funds should be included or excluded and what happens if those amounts later vest due to continued employment.

