Employee and Employer Contributions
This plan likely includes both:
- Employee Deferrals: These could be traditional pre-tax or Roth after-tax deferrals.
- Employer Profit Sharing Contributions: These are typically discretionary and may be subject to a vesting schedule.
When drafting a QDRO, it’s critical to define whether the division includes just employee contributions, or employer portions as well. Don’t assume those contributions belong to the participant if they’re not yet vested.

