Employer and Employee Contributions
Unlike pensions or pure 401(k)s, profit sharing plans often include both employer discretionary contributions and optional employee deferrals. Dividing these requires careful accounting:
- Employee contributions are usually 100% vested and subject to division.
- Employer contributions may be subject to a vesting schedule—unvested portions cannot be divided under a QDRO.
In many cases, the QDRO will include language that awards only vested plan benefits as of the date of divorce, but a review of the plan’s vesting schedule is essential.

