Employer vs. Employee Contributions
Profit sharing plans often include both employer contributions and salary deferrals (if it has a 401(k) feature). Contributions may vary year to year depending on the company’s profits and policies. QDROs should clearly specify whether the alternate payee (the receiving spouse) is entitled to a percentage of:
- Total account balance as of a certain date
- Only vested contributions
- Just the employee’s own contributions
The order must make all of this explicit to avoid confusion or denial by the plan administrator.

