1. Vesting Schedules and Forfeited Amounts
One of the most common pitfalls in dividing profit sharing plans is overlooking the vesting schedule. Employer contributions may not be fully vested at the time of divorce. If your spouse isn’t yet fully vested in the Swaner Hardwood Co.., Inc.. Profit Sharing Plan, some of the funds may eventually be forfeited. Your QDRO should address this clearly—do you split only the vested amount, or include a provision for post-divorce increases if more becomes vested later?

