1. Vesting Schedules and Forfeitures
Unlike IRAs or fully vested pensions, most employer contributions in a profit sharing plan are subject to a vesting schedule. That means your spouse may not be entitled to 100% of the account balance if the employee hasn’t worked there long enough.
In the F.m. Howell & Company Part I Profit Sharing Plan, we recommend:
- Confirming the vesting percentage as of the QDRO valuation date.
- Including language that limits division to the vested portion only.
- Clarifying if forfeitures affect each party’s share.

