Employee and Employer Contribution Division
In a 401(k) plan like the Samsung Electro-mechanics America, Inc.. Retirement Plan, both employee contributions (what the participant defers from paychecks) and employer contributions (what the company adds) are typically subject to division. However, employer contributions may be subject to a vesting schedule, which limits what can actually be divided.
Make sure the QDRO clearly defines whether it covers:
- Just the vested balance
- The entire account balance including non-vested funds (if applicable), and with a clause adjusting for actual vesting at the time of distribution

