Employee and Employer Contributions
Unlike a pure 401(k), a profit sharing plan depends heavily on the company’s discretionary contributions. These employer contributions aren’t always made consistently or in equal amounts each year. When you divide the account, it’s important to differentiate between:
- Employee deferrals (if applicable)
- Employer profit sharing contributions
- Investment gains and losses
Some QDROs divide the entire account balance as of a specific date, while others divide only the marital portion (typically the contributions and gains during the marriage). Be clear about what you’re dividing to avoid future disputes or processing delays.

