Vesting Matters
One key issue in dividing the Wm. F. Meyer Company Profit Sharing Plan is the vesting schedule. Many profit sharing plans require employees to work a certain number of years before they are fully “vested” in employer contributions. Any non-vested portion at the time of divorce can be forfeited — and isn’t available to divide under the QDRO. Your QDRO should clearly state that only the vested balance is subject to division, and that determination will be based on the participant’s employment status on the date of divorce or another agreed-upon date.

