Employee and Employer Contributions
The Lupton Excavation 401(k) and Profit Sharing Plan likely includes:
- Employee Deferrals: These are amounts the employee voluntarily contributed. Generally, these are 100% vested immediately and can be divided entirely by QDRO.
- Employer Contributions: These are often subject to a vesting schedule. Only vested amounts are eligible to be awarded to the alternate payee.
Be sure to confirm vesting percentages before the QDRO is finalized. If the participant has unvested employer contributions at the time of divorce, those amounts will not be available for immediate division unless the participant becomes fully vested later.

