Dividing Employee and Employer Contributions
Most people focus on the balance in the account, but not all funds in a 401(k) are treated equally. The 7-as-sbm Qualified Retirement Plan likely includes both:
- Employee contributions (from salary deferrals)
- Employer contributions (often based on a matching formula)
Only vested employer contributions are payable to an alternate payee. If the participant is not fully vested at the time of divorce, the QDRO needs to address how non-vested portions (which may be forfeited) are handled.

