1. Contribution Types: Employee vs. Employer
Profit sharing plans often include both employer discretionary contributions and voluntary employee deferrals. When preparing the QDRO, it’s important to state whether the alternate payee (usually the non-employee spouse) is receiving a specific dollar amount, a percentage of the total balance, or just marital contributions. If the alternate payee is only awarded certain types of funds—say, just employer contributions—this needs to be very clearly documented.

