1. Employer and Employee Contributions
Because this plan operates under general business and corporate sponsorship, the company may make discretionary contributions yearly. Determining which contributions are marital property depends heavily on when they were made—before or after separation. Any employee contributions, if allowed, must also be traced and divided appropriately.
We often recommend that QDROs for profit sharing plans specify a percentage of the account as of a clear valuation date, such as the date of divorce or the date of separation, depending on your state law. This prevents future contributions from being unintentionally divided outside the marital estate.

