1. Employee vs. Employer Contributions
In many profit sharing plans, employees contribute directly to their account, and the employer adds annual profit sharing contributions. Your QDRO needs to make clear whether the alternate payee receives a share of:
- Only the employee’s vested contributions
- Employer contributions that are currently vested
- Future contributions, if the order intends to divide future gains or losses
Generally, courts divide the vested balance as of a particular legal date (such as the date of separation or dissolution). Unvested employer contributions may not be divided unless they become vested before or after a specific contingency spelled out in the divorce decree or QDRO.

