Employee vs. Employer Contributions
The Empire Franchise Group 401(k) Plan likely includes both employee deferrals and employer contributions. These should be addressed separately in the QDRO. Employee contributions are typically 100% vested immediately, while employer contributions might follow a vesting schedule.
Make sure your QDRO provider reviews the Summary Plan Description (SPD) and latest participant statements to determine how much is actually available to divide. Only the vested portion of employer contributions can be awarded through a QDRO.

