Employer Contributions and Vesting
One of the biggest issues in dividing profit sharing plans is vesting. Just because an account shows a balance doesn’t mean all of that balance is marital property—the unvested portion of the employer’s contributions may still be subject to a vesting schedule. If a participant leaves the company before fully vesting, a portion of the funds may be forfeited. A well-drafted QDRO should account for this possibility, either by tying the alternate payee’s share to what the participant actually receives or by using a specific vesting formula.

