1. Employee vs. Employer Contributions
Most 401(k) plans, including the Lek Holdings Inc.. 401(k) Plan, are made up of a mix of employee deferrals and employer contributions. The QDRO must specify whether the alternate payee is receiving a share of just the employee’s contributions or both the employee and employer matching funds.
In divorce, it’s typical to divide only the portion that accrued during the marriage. However, understanding how employer contributions were made—and when they vested—is critical. Contributions that were made but not yet vested at the time of separation may never become payable to the alternate payee unless addressed correctly.

