Employer Contributions and Vesting
One of the biggest QDRO pitfalls with profit sharing plans is dividing amounts that haven’t vested yet. In this plan, the employer may contribute on an annual basis, and those contributions may vest over years of service. If you divide the account as of the date of divorce (a common choice), you’ll want to specify whether you’re dividing:
- Only the amount that is vested as of that date
- The total balance including non-vested funds, with the understanding that the alternate payee will forfeit any amounts not vested when benefits are paid
If this isn’t written clearly in the QDRO, it can result in confusion—or even rejection—by the plan administrator.

