Dividing Employee and Employer Contributions
401(k) plans typically include two types of contributions: those made by the employee and those made by the employer. When dividing assets in the Lionshead Precision Metals LLC 401(k) Profit Sharing Plan & Trust, it’s critical to distinguish between these sources. Employee contributions are always 100% vested, but employer contributions generally depend on a vesting schedule.
If a participant isn’t fully vested at the time of divorce, the non-employee spouse (often called the “alternate payee”) may not be entitled to a portion of those unvested funds. Your QDRO must be structured to reflect this with clear language stating how vested and unvested funds will be handled and whether future vesting applies.

