Employee vs. Employer Contributions
Profit sharing plans usually include both employee-funded and employer-funded contributions. In divorce, it’s important to determine whether both types are subject to division—and to account for the vesting status of employer contributions.
If the plan includes a 401(k) feature, the employee’s salary deferrals are typically fully vested immediately. However, employer profit-sharing contributions may not be. Only the vested portion can be divided through a QDRO.

