Employee and Employer Contributions
Profit sharing plans generally involve discretionary employer contributions. Unlike a regular 401(k), there may not be consistent annual contributions. When dividing the Fulcrum Construction, LLC Profit Sharing Plan, make sure your QDRO clearly differentiates between:
- Employee Contributions: These are typically 100% vested and can be easily divided.
- Employer Contributions: These may be subject to a vesting schedule, meaning some amounts might not be divisible if they’re unvested at the time of divorce.
If the participant is not fully vested, the QDRO can specify the alternate payee will only receive the marital (or community property) portion that is vested as of a certain date.

