Employee vs. Employer Contributions
The first step is determining what part of the account is marital property. Typically, employee contributions made during the marriage are considered divisible, as are vested employer contributions. However, unvested employer contributions may be excluded depending on the plan’s vesting schedule. The Sbera 401(k) Plan as Adopted by Eagle Bank likely includes both types of contributions, so it’s important to identify which portions are subject to division and address them clearly in the QDRO.

