Profit sharing plans differ from traditional pensions. In these types of plans, employees often receive employer contributions based on company profitability, on top of their own contributions if permitted. These accounts grow over time and are subject to IRS rules, just like any other retirement account. Whether it’s a traditional profit sharing or a plan that mimics features of a 401(k), you’ll need a precise QDRO to divide it.
What a QDRO Does
A QDRO allows retirement benefits from the E.j. Basler Co.. Employees’ Profit Sharing and Retirement Plan and Trust to be legally split between spouses after a divorce. It instructs the plan to pay a portion of the benefit to an “alternate payee”—typically the non-employee spouse—without triggering early withdrawal penalties or violating the terms of the retirement account.
Why Profit Sharing Plans Add Complexity
Unlike defined benefit pensions, profit sharing plans fluctuate in value based on account performance and contributions. That means your QDRO must specify:
- Whether the division is based on a fixed dollar amount or a percentage
- If gains and losses (investment earnings) should be included
- Whether loans or unvested funds are included or excluded