Employee and Employer Contributions
Profit sharing plans involve contributions from the employer, not just the employee. This means you’re dealing with potentially two account types:
- Employee contributions: Usually fully vested and subject to division.
- Employer (profit sharing) contributions: May be partially or fully unvested at the time of divorce depending on the vesting schedule.
One of the biggest mistakes we’ve seen when dividing profit sharing plans is assigning the alternate payee (non-employee spouse) a flat percentage of the total balance without addressing vesting status. That can result in a smaller benefit—or surprise denial—later. Your QDRO has to say whether the division includes unvested amounts and what should happen if they’re forfeited later.

