Employee vs. Employer Contributions
In a profit sharing plan like the Profit Sharing and Retirement Plan of Smith Haughey, Rice and Roegge, P.c., contributions can come from both the employee and the employer. During QDRO drafting, it’s important to identify which funds are marital property. Generally:
- Employee deferrals made during the marriage are divisible.
- Employer contributions may be subject to a vesting schedule, which determines how much of those contributions are actually owned by the participant at the time of divorce.
Make sure your QDRO clearly addresses how both types of contributions should be divided and whether any adjustment is needed for pre- or post-marital portions.

