Profit sharing plans like the Ruxer Ford Lincoln, Inc.. Employees Profit Sharing and Savings Plan differ from traditional pensions. They often include elements of a 401(k), including salary deferrals, employer contributions, and potentially Roth account options. With these plans, timing and tax treatment matter—especially when dividing assets between spouses.
Employee vs. Employer Contributions
Most profit sharing plans include both contributions made by the employee and discretionary or matching contributions made by the employer. When dividing assets through a QDRO, it’s essential to specify the treatment of each type of contribution.
- Employee contributions are typically 100% owned by the participant and therefore are usually fully divisible.
- Employer contributions might be subject to a vesting schedule, meaning a portion may be forfeited if the employee hasn’t met certain time requirements with the company.
Vesting and Forfeitures
Vesting schedules can complicate asset division. If the employee-spouse isn’t fully vested in employer contributions, not all the funds will be available for division.
The QDRO should clearly state that only vested funds as of the date of division—or a specified valuation date—are subject to division. Anything not vested may be forfeited and should not be included unless the plan allows a future determination of value.