1. Employee and Employer Contributions
Both the employee and the employer contribute to profit sharing plans. When dividing the plan in a QDRO, you need to decide if the division will apply to the full balance or only the vested portion. If one spouse has years of service with the F.d. lawrence electric company profit sharing plan, significant employer contributions might not be fully vested at the time of divorce.
Some QDROs include language that transfers only the vested balance as of the date of divorce. Others include language that allows the alternate payee to share in future vesting based on the participant’s continued employment. It’s critical the QDRO language aligns with both the parties’ agreement and the plan rules.

