Employee and Employer Contribution Division
You can structure the QDRO to divide just the marital portion of the account (based on dates of marriage and separation), a flat dollar amount, or a percentage of the participant’s total balance. Importantly, employer contributions may be subject to vesting—they aren’t always fully earned at the time of divorce. That needs to be accounted for when estimating expected shares.
For example, if Harley-davidson motor company, Inc. contributed 100% of match, but only 60% was vested at divorce, then only that portion can be divided. Any unvested amount may be forfeited or returned to the company, depending on its vesting rules.

