1. Employee vs. Employer Contributions
One of the first things we look at when preparing a QDRO for a profit sharing plan like the Oakland Christian School Profit Sharing Plan is the source of the contributions. Profit sharing plans often include both:
- Employee deferrals — Often in the form of traditional and/or Roth 401(k) contributions
- Employer contributions — Based on a percentage of profits, subject to vesting rules
This matters because employee deferrals are always 100% vested, while employer contributions may be subject to a vesting schedule. A good QDRO will be drafted to only divide vested assets unless the parties specifically agree otherwise.

