Employee vs. Employer Contributions
Profit sharing plans generally include both employee and employer contributions. In the case of the Cohn Family Corporate Profit Sharing Plan, contributions made by the employee are usually 100% vested immediately. However, employer contributions may be subject to a vesting schedule. If the participant spouse is not fully vested at the time of divorce, some of their balance may not be counted in the marital division.
This distinction is important when determining the alternate payee’s share. The QDRO should either:
- Include only vested amounts, or
- Describe how the alternate payee’s share will change as additional amounts vest (sometimes requiring later QDROs)

