Employee vs. Employer Contributions
One of the most important distinctions in drafting a QDRO for the Performance Automotive 401(k) Plan is whether contributions are from the employee, employer, or both. Employee contributions typically belong entirely to the participant, while employer contributions may be subject to a vesting schedule.
The QDRO must clearly state the percentage or dollar amount awarded to the alternate payee. If you’re only dividing the marital portion, that amount should be limited to the contributions (and any growth/loss) made during the marriage.

