Employee vs. Employer Contributions
The Swift Straw 401(k) Plan likely includes both salary deferral contributions from employees and potential matching or discretionary contributions from Swift straw ii, LLC. Your QDRO needs to clarify whether the alternate payee receives a share of just the employee contributions or both employee and employer funds.
In many divorces, the split follows what’s called a “marital fraction,” where the alternate payee receives a portion of the account earned during the marriage only. Whether this includes employer contributions depends on how they were vested during that period.

