Vested vs. Unvested Contributions
Employer contributions in a profit sharing plan are often subject to a vesting schedule. That means an account balance may include both “vested” and “unvested” funds—only the vested portion is eligible for division by QDRO.
When drafting the QDRO, it’s essential to specify whether the alternate payee should receive only the vested portion or also a share of funds that become vested after the divorce judgment. Most plans only allow division of the vested amount as of the date of divorce unless otherwise specified.

