1. Employer Contributions and Vesting Schedules
Profit sharing plans like this one typically include employer contributions, which may be subject to a vesting schedule. This means an employee earns the right to these contributions over time. If your QDRO fails to address unvested funds properly, the alternate payee may receive less than expected or nothing at all.
For QDRO purposes, it’s important to specify:
- Whether the alternate payee will share in only the vested portion or future vesting
- What happens to the award if some or all of the funds are forfeited prior to distribution
The plan administrator needs clear instructions to follow federal law and the terms of the plan.

