Employee Contributions vs. Employer Contributions
Employee contributions are fully vested as they come straight from the participant’s paycheck. These can usually be divided without issue. However, employer contributions may be subject to a vesting schedule. If a participant isn’t fully vested—even if the money is in the account—it may not be available for division. Any QDRO for the Lumos & Associates, Inc.. 401(k) Plan must clearly state whether the alternate payee (typically the former spouse) will receive only vested amounts or a share of employer contributions as they vest over time.

