Employee and Employer Contributions
The QDRO must define what portion of the Eks Group, LLC 401(k) Plan account should go to the alternate payee. This includes:
- Employee deferrals made during marriage
- Employer matching or profit-sharing contributions
Because employer contributions are often subject to vesting schedules, it’s crucial to determine which funds are vested as of the division date. Unvested funds will not transfer and may later be forfeited. Failing to include clear language on this can lead to disputes or errors in payout.

