Employee vs. Employer Contributions
In a typical 401(k) plan like the Smith & Nephew U.s. Savings Plan, employees contribute a portion of their salary either pre-tax or after-tax into the plan. The company, Smith and nephew, Inc., may match these contributions up to a certain percentage.
Here’s the key for QDROs: Contributions made by the employee are always 100% vested. But employer contributions may vest over time. Any unvested portion may be forfeited if the employee hasn’t met required service conditions by a divorce date or QDRO implementation date. That means the QDRO must address vesting clearly—don’t assume the total balance is subject to division.

