Employee and Employer Contributions
Profit sharing plans often include both employee elective deferrals and employer discretionary contributions. In many cases, employer contributions come with a vesting schedule. If your spouse isn’t 100% vested in those employer contributions, only the vested portion will be available for division.
Most QDROs will divide the account as of a specific valuation date. Be sure to clarify whether you want to split only the vested balance or the entire balance subject to future vesting rights. For example:
- “The Alternate Payee shall receive 50% of the Participant’s vested account balance as of June 1, 2024.”
- OR: “The Alternate Payee shall receive 50% of the Participant’s full account balance, including amounts that vest after the date of divorce.”

