Employee and Employer Contributions
The Loeks Theatres, Inc.. 401(k) Plan likely includes employee deferrals and employer matching contributions. While employee contributions are always 100% vested immediately, employer contributions may be subject to a vesting schedule. That means only certain portions are “owned” by the participant at the time of divorce.
When dividing the plan in a QDRO, it’s critical to specify whether the alternate payee’s share includes:
- Only the vested portion of employer contributions
- All contributions earned through the divorce cutoff date
- Investment gains and losses after the division date
Failing to address vesting status can result in the alternate payee receiving less than intended. Always confirm with the plan administrator how much is vested and whether forfeited employer amounts will be included or not.

