Employee and Employer Contributions
Unlike pure 401(k) plans, profit sharing plans include contributions from the employer that may not be tied directly to employee income. These contributions are discretionary and can vary year to year. Employee salary deferrals may also be included if the plan allows 401(k)-style contributions. When drafting a QDRO, both types need to be accounted for:
- Employer contributions are often subject to vesting, meaning not everything is guaranteed to be divided.
- Employee deferrals are typically 100% vested and fully available for division in the QDRO.

