Employee and Employer Contributions
The Lexington Co-operative Markets 401(k) Plan likely includes both employee deferrals and employer matches. The way these contributions are divided can vary:
- Employee Contributions: These are generally 100% vested and can be divided according to any date-based formula you agree on (such as date of separation or divorce filing).
- Employer Contributions: These may be subject to a vesting schedule. If your spouse isn’t fully vested in employer contributions, any unvested portion usually cannot be divided and may be forfeited.
Your QDRO should clarify whether the alternate payee receives a flat-dollar amount, a percentage of the balance, or the marital portion only. Be specific to avoid delays or rejection by the plan administrator.

