1. Employee and Employer Contributions
In many profit sharing plans, both employee and employer contributions are involved, though sometimes only the employer contributes. You’ll need to determine which funds are divisible as marital property. Typically, only the portion contributed and earned during the marriage is subject to division. It’s important to define the start and end dates of the marital period clearly in the order.
If both employee and employer contributions exist, a QDRO can specify division by source—for example, “50% of employer contributions accrued from the date of marriage to the date of separation.”

