Employee and Employer Contributions
The Aquino Logistics 401(k) Plan likely includes both employee salary deferrals and employer matching contributions. That distinction matters when drafting a QDRO. The employee contributions belong entirely to the participant. However, employer contributions may be subject to a vesting schedule, meaning that not all funds may be “earned” yet.
In most cases, QDROs divide the participant’s total account balance as of a specific date —often the date of separation, divorce filing, or a court-agreed valuation date. If the employer match is only partially vested, only the vested amount is divisible. Any unvested amounts may be forfeited if the employee leaves the company before reaching full vesting.

