Employee vs. Employer Contributions
In most profit sharing plans, account balances are made up of both employee deferrals (if the plan allows them) and employer contributions. The QDRO can assign a portion or percentage of the total account balance as of a specific date, but it’s important to distinguish between:
- Portion of the employee’s own contributions
- Portion of employer’s contributions (which may be subject to vesting)
Unvested employer contributions are not legally the employee’s until vested. The QDRO should address whether the alternate payee will share only in vested amounts or also in potential future vesting if permitted by the plan.

