1. Dividing Employee and Employer Contributions
The Misc Fnb 401(k) Plan likely includes both employee contributions (money your spouse put in from their paycheck) and employer contributions from Misc fn b LLC. Only the vested portion of the employer’s contributions is typically available for division. If the employee is not fully vested, some of those funds may be forfeited if they leave the company before satisfying the vesting schedule.
Your QDRO should clearly state whether the alternate payee is entitled to a percentage or specific dollar amount, and how any gains or losses on that amount will be handled.

