Employee vs. Employer Contributions
Most QDRO awards are based on dividing the plan participant’s total account balance—both employee contributions and vested employer contributions. However, it’s critical to know how the employer contributions are structured. Under plans like the Building Your Benefits Retirement Savings Plan, employer contributions often come with a vesting schedule.
If a participant hasn’t worked for Lithko contracting, LLC long enough to become fully vested, some of the employer-funded portion may not be divisible. A QDRO should clearly state whether the alternate payee is entitled to only the vested portion as of the cutoff date (usually the separation or divorce date).

