Employee and Employer Contributions
When dividing an interest in a profit sharing plan, the QDRO must do more than assign a percentage or flat dollar amount. It must distinguish between:
- Employee contributions (voluntary salary deferrals)
- Employer profit sharing contributions (which may be subject to a vesting schedule)
- Associated investment gains or losses between the division date and distribution date
This matters because unvested employer amounts may be forfeited if the employee spouse separates from service before vesting is complete. A well-crafted QDRO can include language that tracks vesting of employer contributions after divorce, if permitted by the plan.

