Employee and Employer Contributions Aren’t Always Equal
In the Herber Aircraft Service, Inc.. Profit Sharing Plan, employees can receive contributions from their employer in addition to making their own. So when dividing the plan in a QDRO, the awarded portion might include:
- Employee pre-tax contributions
- Employer profit sharing contributions (which may not be fully vested)
- Potential Roth deferral accounts
The QDRO must clarify whether the alternate payee is entitled to a portion of just the marital contributions or post-marital gains as well. Timing and methodology matter here.

