Employee and Employer Contributions
Participants in the Slm Retirement Plan likely have both employee contributions (money taken from their paycheck) and employer contributions (matching or profit-sharing). A QDRO must clarify whether the alternate payee is receiving a portion of:
- Only employee contributions
- Employee and vested employer contributions
- All employer contributions, even unvested amounts (rare and usually not enforceable)
This distinction is important because unvested employer contributions can be forfeited if the employee leaves the company. So, if your QDRO tries to divide funds that aren’t vested, you may be assigning money that doesn’t actually exist.

