Vesting Schedule Considerations
Profit sharing plans typically use a vesting schedule to determine how much of the employer’s contributions the employee truly owns. In a divorce, only the vested portion of the employer contributions can be divided through a QDRO. This often comes as a surprise. It’s critical to confirm:
- Whether the employee is 100% vested
- The vesting schedule used by the J. Goldman & Co.., L.p. Profit Sharing Plan
- Whether any forfeitures apply if the employee leaves employment
We often request a breakdown of vested vs. unvested funds from the plan administrator before drafting the QDRO. This avoids trying to divide amounts that legally can’t be allocated to the alternate payee.

