Employee and Employer Contributions
Profit sharing plans often include both employee deferrals (voluntary 401(k) contributions) and employer contributions (profit allocations made at management’s discretion). In a divorce QDRO, it’s critical to:
- Identify the contributions made during the marriage
- Determine whether the division will apply to the total account value or only marital-period contributions
- Confirm whether gains and losses will apply until the date of distribution
If employer contributions were made, verifying the vesting schedule will be critical (more on that below).

