Employee and Employer Contributions
In most cases, the portion of the account that can be divided includes both employee contributions and any vested employer matches. For the Lapeer Plating & Plastics Employee 401(k) Retirement Savin, this depends on the company’s vesting schedule and how long the employee has worked there. You’ll want to know:
- What percentage of employer contributions are vested?
- Is vesting based on years of service or other milestones?
- Will the alternate payee receive only the marital portion, or the entire account?
If part of the account is not vested, that portion usually remains with the participant and is not subject to division. Make sure your QDRO is drafted with clear language on this point.

