Employee vs. Employer Contributions
In profit sharing plans, the employer may contribute annually based on business performance. These employer contributions are often subject to a vesting schedule, which means an employee must meet certain service milestones before earning full rights to them. Only vested amounts can be divided via QDRO. Make sure you determine:
- How much of the employer’s contributions have vested
- If unvested amounts are forfeited at divorce or may vest later
- The plan’s policy on post-divorce vesting scenarios

