Employee vs. Employer Contributions
Profit sharing plans typically include both employee contributions (if allowed) and employer profit-sharing contributions. A common issue in QDRO drafting is failing to specify how each of these components will be divided. A well-written QDRO will detail allocation for:
- Employee contributions and earnings
- Employer profit sharing contributions and earnings
- Future contributions, if applicable
Some spouses incorrectly assume only the employee’s own contributions are divisible. In fact, all contributions that accrued during the marriage—including employer funding—may be subject to division, depending on state law and the divorce decree.

