Dividing Employee and Employer Contributions
In most cases, both the participant and their employer contribute funds to a profit sharing plan. During the divorce, it’s common to split the marital portion of the account (usually the part accumulated during the marriage). The QDRO needs to specify whether the alternate payee will receive a fixed dollar amount, a flat percentage, or a specific allocation of the investment holdings.
Employer contributions may only be partially vested at the time of divorce, and unvested portions may not be available to divide. We’ll touch on vesting next.

