1. Employee vs. Employer Contributions
Profit sharing plans include both employee-funded contributions (such as salary deferrals in a 401(k)) and employer-funded contributions. Each type of contribution can be treated differently in the QDRO. Make sure the order clearly states what is to be divided:
- Is the alternate payee receiving a portion of all account types or just the vested account?
- Does the order include earnings/losses from the date of division to distribution?
A qualified QDRO professional will help ensure every category of contribution is addressed in equal or proportional terms.

