Employee and Employer Contributions
When drafting a QDRO for a profit sharing plan, it’s important to distinguish between employee deferrals (if any are permitted) and employer contributions. Even though contributions under profit sharing plans are typically employer-funded, some plans may allow elective deferrals, similar to a 401(k). Each source may be eligible (or not) for division under your QDRO depending on plan provisions and the participant’s divorce judgment.
At PeacockQDROs, we always review plan documents to determine what types of contributions exist, and whether each source is divisible under a QDRO.

