Employee and Employer Contributions
Profit sharing plans often include both employee and employer contributions. These may be treated differently based on whether they’re vested. In the Poteat, Inc.. Profit Sharing Plan, the participant may have contributed directly from their salary, while the employer added discretionary contributions based on company profits.
When dividing the account through a QDRO, it’s critical to determine whether the division will:
- Include only the vested portion of the account
- Exclude future employer contributions
- Specify a dollar amount or percentage of the benefit

