Variable Employer Contributions
Unlike standard 401(k) plans that may include matching formulas, profit sharing plans allow the employer to contribute discretionary amounts to employee accounts. This means that the employer can change how much is contributed each year depending on company performance and other factors.
In divorce, the challenge is ensuring the alternate payee receives their fair share of both employee deferrals and employer contributions—if vested. This requires careful review of the plan’s contributions history and current account balance at the time of divorce.

