Employee vs. Employer Contributions
In many profit sharing plans, employees may contribute their own money (like a 401(k)), but a key feature is the employer’s discretionary contributions. In a divorce, both sources of funds may be divisible, depending on the terms of the judgment and QDRO.
The QDRO should clearly state whether the alternate payee is receiving a portion of just the participant’s account, or if it includes employer contributions as well. It’s also important to account for the vesting schedule, which may affect how much of the employer’s money is truly eligible for division.

