Employer Contributions and Vesting Schedules
The Safe-harbor 401(k) Profit Sharing Plan for Employees of Lumibility, Inc.. is likely to include both employee salary deferrals and employer contributions under a profit-sharing structure. One thing we see a lot is confusion around vesting schedules. Unlike your own contributions, which are always 100% vested, employer contributions may be subject to a time-based vesting schedule.
For example, if your ex has only been with Lumibility, Inc. for a couple of years, some—or even all—of the employer’s matching or profit sharing contributions may not be vested yet. Those unvested amounts typically do not get divided in a QDRO. Make sure your QDRO addresses this clearly, or you could end up fighting over money that one spouse never truly owned.

