Employee vs. Employer Contributions
Profit sharing plans may have both employee contributions (designated deferrals) and employer profit-sharing contributions. They may also include matching contributions. When drafting a QDRO, you need to make sure the order is clear about whether the division includes:
- Only the marital portion of employee contributions
- Employer-funded contributions made during the marriage
- Earnings and losses on both types of contributions
In many plans, employer contributions are subject to a vesting schedule. If some of those contributions are not 100% vested at the time of divorce, the order needs to account for how forfeitures will be handled.

