1. Dividing Employee and Employer Contributions
With a profit sharing plan, an individual’s account may include both employee salary deferrals and employer profit-sharing contributions. During divorce, a QDRO can divide either or both types of contributions. Often, the order will award a percentage of the total balance, but in some cases, a specific dollar amount is used.
Be aware that company contributions may be subject to a vesting schedule—meaning a portion of the balance may not belong to the participant yet. A proper QDRO will distinguish between vested and unvested money and clarify whether the alternate payee gets only vested funds or is entitled to future vesting.

