Employee Contributions vs. Employer Contributions
The Lm Foods LLC 401(k) Profit Sharing Plan & Trust likely includes both types of contributions:
- Employee Contributions: Elective deferrals made from the participant’s paycheck. These are always 100% vested and available for division.
- Employer Contributions: May be subject to vesting schedules, meaning only a portion may belong to the employee at the time of divorce.
A QDRO must specify what portion of each contribution type the alternate payee will receive. It’s also crucial to clarify whether only vested employer contributions are to be divided, or if unvested amounts should be tracked for future vesting.

