1. Employee and Employer Contributions
One critical factor is distinguishing between employee and employer contributions. While employee deferrals are fully owned by the participant, employer contributions—such as matches—typically follow a vesting schedule.
In many plans, only vested amounts can be allocated to the alternate payee. That means if the employee spouse hasn’t worked long enough to vest fully, part of what’s in the account may be forfeited, and not available to divide. When drafting a QDRO for the Lightpath Technologies Inc. 401(k), we always evaluate what’s actually divisible under the plan’s vesting rules.

