Vesting and Forfeited Amounts
Employer contributions in the First National Bank of Eastern Arkansas Profit Sharing Plan are likely subject to a vesting schedule. If the participant is not fully vested at the time of divorce, the unvested portion could eventually be forfeited — and the alternate payee can’t receive what doesn’t exist.
In these cases, the QDRO should specify whether the award to the alternate payee is based on the vested percentage at the time of divorce or whether it adjusts as vesting increases. Clarity here avoids post-divorce disputes.

