Pitfall 1: Employer Contributions & Vesting Rules
Profit sharing plans often include employer contributions that are subject to a vesting schedule. If part of the account isn’t fully vested at the time of divorce or plan division, your QDRO needs to address this. Only the vested portion is guaranteed to be paid out to the alternate payee.
We often draft QDROs that include language allowing the alternate payee to receive any amounts that become vested in the future based on the participant’s continued service (if this is part of the divorce agreement). Without this, the alternate payee may miss out on thousands in future employer contributions.

