Employee and Employer Contributions
One of the first decisions in any QDRO is what portion of the account to divide. Often, courts use a percentage of the account balance as of a specific date (commonly the date of separation, filing, or divorce judgment). You also need to decide whether to divide just the employee contributions or include employer contributions as well.
Employer contributions in this plan, like many 401(k) profit-sharing arrangements, are often subject to a vesting schedule. Knowing how much is vested versus unvested is key—only vested amounts can be awarded via QDRO. Any unvested employer contributions will remain with the participant and are usually forfeited if not vested upon separation from employment.

