Employee and Employer Contributions
In most 401(k) plans, the account balance includes a mix of employee deferrals and employer contributions. When dividing the Evansville Marine Service, Inc.. 401(k) Plan, both types may be subject to division—but only the vested portion of employer contributions may be accessible.
The QDRO needs to specifically identify how the division will be calculated: as of a set date (e.g., date of separation or date of divorce), as a percentage or dollar amount, and whether gains/losses will apply through the distribution date.

