Employee and Employer Contributions
In a 401(k) plan like the Sama Health Care Services Pa 401(k) Plan, there are usually two types of contributions: elective deferrals made by the employee (your spouse), and matching or profit-sharing contributions made by the employer. In most divorce cases, all vested contributions made during the marriage are marital property and subject to division. The QDRO must clearly specify how those contributions are to be split between the participant and the former spouse (known legally as the “alternate payee”).
Sometimes, employer contributions are not yet vested at the time of divorce. That means they are not guaranteed and could be forfeited if the employee leaves the company. Your QDRO should include language that protects you if those amounts later vest—to ensure you receive your fair share.

