Employee and Employer Contributions
The Forge Group, LLC 401(k) Plan & Trust likely includes both employee deferrals and employer matching or profit-sharing contributions. A QDRO must clearly identify whether the alternate payee is receiving a set amount, a percentage of the account, or only the marital portion (usually determined from the date of marriage to the date of separation or divorce).
Also make sure your QDRO addresses:
- Whether the order applies to just the participant’s contributions or also includes employer contributions
- If employer contributions are unvested, how (or if) they will be treated in the division

