Employee and Employer Contribution Division
The Ben Hill Griffin, Inc.. Employees’ Profit Sharing Plan and Trust Agreement likely includes both employee-initiated contributions (similar to a 401(k)) and employer-funded profit sharing deposits. In a divorce, employee contributions are always divisible. Employer contributions, however, may be subject to a vesting schedule, meaning the participant may not have full ownership yet.
Make sure your QDRO explicitly outlines whether non-vested employer contributions should be included in the division or not. If not vesting is achieved until a future date, that may affect what the alternate payee (usually the non-employee spouse) is entitled to receive.

