Employee vs. Employer Contributions
The Fortress Bank Profit Sharing Plan likely includes both employee and employer contributions. While employee contributions are always fully vested, employer contributions may be subject to a vesting schedule. That means a portion of the account balance might not be considered marital property, if the participant isn’t fully vested by the date of divorce.
The QDRO should clearly specify whether it divides only vested funds as of the divorce date or includes future vesting. At PeacockQDROs, we help you choose language that reflects your divorce settlement and complies with ERISA law.

