1. Contributions Must Be Allocated Properly
Profit sharing plans involve both employee and employer contributions. In a divorce, you’ll need to determine what portion of the account was earned during the marriage and how to divide that amount. A QDRO should clearly separate:
- Employee contributions (typically elective deferrals)
- Employer matching or discretionary contributions
- Pre-marital vs. post-marital earnings and contributions
Failing to distinguish between these can create confusion or disputes with the plan administrator — or worse, an incorrect division.

