1. Employee and Employer Contributions
The account balance in a profit sharing plan may include both employee contributions (if allowed under the plan) and employer contributions. While employee contributions are always fully vested, employer contributions often follow a vesting schedule. This means if the employee hasn’t yet reached certain service milestones, some of the account may be unavailable for division.
In your QDRO, it’s key to clarify what funds are to be divided—just the vested balance, or the entire account including unvested amounts (which may later be forfeited). Make sure the QDRO stipulates what happens in case the participant does not reach full vesting.

