Employee and Employer Contribution Splits
In a profit sharing plan, the employer typically makes discretionary contributions to the participant’s retirement account. These are added to any voluntary employee contributions. When drafting a QDRO, it’s important to:
- Determine the total marital portion of the benefit — often set as the account balance as of the date of dissolution
- Decide whether the order should divide only employer contributions, only employee contributions, or both
- Account for asset growth/losses after the separation date up until the date of division
At PeacockQDROs, we always recommend including growth language if the division is delayed, to ensure the non-employee spouse receives their fair share.

