1. Employer and Employee Contributions
In profit sharing plans, employees often don’t contribute directly. The employer—Esposito nursery, Inc.. profit sharing plan and trust in this case—periodically contributes funds into participant accounts. These contributions are not necessarily consistent year-to-year and are subject to eligibility rules and plan-specific contribution formulas.
For QDRO purposes, it’s critical to:
- Determine whether the division is based on a specific dollar amount or percentage
- Clarify the cut-off date for the division (e.g., date of divorce, date of QDRO approval, or another agreed date)
- Request account balance statements around the cut-off date

