Vesting and Forfeiture
One of the first questions we ask in cases like this: Is the participant fully vested in their employer contributions? In profit sharing plans, employer money is usually subject to a vesting schedule. If the participant hasn’t worked long enough, some of that balance may be forfeited in the future.
A properly drafted QDRO will only assign to the alternate payee the participant’s vested portion. Failing to clarify this can cause confusion—and even enforcement problems—down the line.

