1. Employee and Employer Contributions
The Good Samaritan Hospital Association 401(k) Plan is likely funded by both employee deferrals and employer matching contributions. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule. In a QDRO, you’ll want to specify whether the non-participant spouse is receiving:
- Only employee-contributed funds
- Employer contributions that were vested as of the division date
- A share of all contributions, regardless of vesting (which may be rejected by the plan)
You cannot divide what isn’t yet vested—so knowing the plan’s vesting rules is key.

