Employee vs. Employer Contributions
Profit sharing plans often include both employee salary deferrals and employer contributions. QDROs should specify whether the division applies to:
- Only employee contributions (the participant’s deferrals)
- Employer matching or profit sharing contributions
- Or both
It’s important to note that employer contributions may be subject to a vesting schedule. If, for example, the participant is 40% vested in employer funds, the alternate payee may only be entitled to a share of that 40% at time of division—unless the QDRO accounts for future vesting events.

