Employee vs. Employer Contributions
One of the most critical parts of dividing the Community Health and Counseling Services Discretionary Profit Sharing 401(a) is understanding the split between employee contributions and employer contributions. In a profit-sharing 401(a) plan, employee contributions may be minimal or even non-existent, with most assets being employer-funded and distributed at the company’s discretion.
When a QDRO is drafted, it must clearly outline what percentage or dollar amount of the account the alternate payee (usually the former spouse) will receive, whether from only vested employer contributions or the entire account, depending on what’s legally considered marital property. If only a portion of the funds are vested, the non-vested part generally cannot be transferred by QDRO.

