Employee vs. Employer Contributions
The total balance in the Lmc Construction 401(k) Plan likely includes both employee (participant’s deferrals) and employer match contributions. Courts often treat these equally in divorce unless a prenuptial agreement or other legal factor changes this.
However, employer contributions can be subject to a vesting schedule. If the participant isn’t vested in the full amount at the time of divorce, the unvested portion may eventually be forfeited. Your QDRO must address this clearly: should the alternate payee receive a share of only the vested portion, or should they receive a percentage of any future vesting?

