Vesting Schedules and Forfeiture Risk
Many profit sharing plans, especially in the General Business sector, include a vesting schedule. Not all employer contributions are immediately owned by the participant. If your client is the alternate payee, the QDRO must address whether they receive only vested funds or also a share of unvested funds that may vest in the future.
If the employee spouse is not fully vested, and the QDRO does not account for this, the alternate payee may receive far less than expected. Some QDROs specify that the alternate payee’s share includes any future vesting, while others exclude unvested parts altogether. The QDRO should make this clear.

