Employer Contributions and Vesting Schedules
One of the first questions we ask when dealing with a profit sharing plan QDRO is: “Is the participant fully vested?” Employer contributions often vest over time, meaning the employee has to stay with the company a certain number of years to keep all the employer contributions. Only the vested portion can be divided in the QDRO. If part of the balance is unvested, the alternate payee may receive less than expected, or nothing at all from those contributions if they are later forfeited.

