1. Employee vs. Employer Contributions
In a profit sharing plan, employers typically make discretionary contributions to employee accounts. These employer contributions may be subject to a vesting schedule. Any QDRO prepared for this plan needs to be extremely clear on whether the alternate payee is receiving a portion of vested employer contributions only, or both employee contributions and vested employer funds.
You’ll need to determine the participant’s exact account balance as of a specific valuation date (usually the date of separation or divorce) and confirm if contributions have vested. Unvested employer contributions usually stay with the employee, unless the plan’s internal rules or negotiated divorce settlement say otherwise.

