Employee and Employer Contributions
The Grunder Landscaping Co.. 401(k) Profit Sharing Plan likely includes both employee deferrals and employer contributions (either match or profit-sharing). A well-drafted QDRO will specify whether the alternate payee’s share includes just the employee contributions or also the vested portion of employer contributions.
Unvested employer contributions cannot be awarded in a QDRO. The QDRO should clarify the valuation date and whether market gains or losses are included up to the distribution date.

