Employee and Employer Contributions
Employee contributions are always 100% vested. However, employer contributions under the profit sharing portion of the plan may be subject to a vesting schedule. In a divorce, only the vested portion of the account can be allocated to the non-employee spouse (called the “Alternate Payee”). Any unvested amounts generally revert to the plan if the employee leaves service or becomes ineligible before full vesting.
When drafting the QDRO for the Commonwealth Development Corp.. of America 401(k) Profit Sharing Plan, it’s crucial to:
- Clarify the date of division to calculate account value;
- State whether the Alternate Payee receives a fixed dollar amount or a percentage of vested balances;
- Account for ongoing gains/losses and potential future vesting (if desired);
- Specify how forfeited employer contributions are to be handled, if they become vested later.

