1. Profit Sharing Contributions
A profit sharing plan means the employer contributes money into the plan, which may or may not be based on how much the employee contributes. This plan structure requires attention to:
- Employer Contributions: These may not be immediately vested. Only vested balances can be divided in divorce.
- Employee Contributions: These are typically 100% vested right away and are included in the marital portion.
When preparing your QDRO, make sure the order only divides the vested portion if the divorce is occurring before full vesting. Otherwise, the QDRO approval process can stall.

