Employee and Employer Contributions
Under the Stone Mountain Access Group 401(k) Psp & Trust, the participant likely made regular salary deferrals and may have also received matching contributions from the employer. These two contribution types are often subject to different rules when divided through a QDRO.
- Employee deferrals are always 100% vested and must be divided according to the agreed-upon marital breakdown date.
- Employer contributions may be subject to a vesting schedule, meaning the participant might not be fully entitled to all the matched funds yet.
Any amount that is not vested may be forfeited unless the employee remains and earns full vesting post-divorce. A properly drafted QDRO should spell out how to handle these circumstances.

