1. Employee and Employer Contributions
Unlike pensions that follow a formula, profit sharing plans consist of actual account balances. These balances may include:
- Employee elective deferrals: Typically in the form of traditional or Roth 401(k)-style contributions.
- Employer profit sharing contributions: Contributions made at the discretion of the employer.
These two components must both be addressed in the QDRO. For equitable division, it’s essential to determine which portion of the account was accumulated during the marriage, especially since employer contributions may not be fully vested.

