1. Employer Contributions and Vesting
In plans like the Knight’s Limousine Service, Inc.. 401(k) Profit Sharing Plan, employer profit sharing contributions may not be fully vested. QDRO orders need to consider:
- Whether the alternate payee’s share includes only vested dollars
- How forfeited, unvested funds will be handled
- What vesting schedule applies based on the employee’s years of service
For example, if an employee is 50% vested, only half of the employer contributions would be available for division. The remaining balance could be forfeited if the employee terminates employment before reaching full vesting.

