Vesting and Forfeitures
Many profit sharing plans have vesting schedules for the employer’s contributions. This means an employee earns rights to these contributions over time—typically spanning from 3 to 6 years. If a divorce occurs before full vesting, part of those employer contributions may not be divisible and could be forfeited.
The QDRO must state whether the alternate payee (usually the former spouse) should receive a portion based only on the vested balance or on the full account, including any unvested amounts. Understandably, this is where mistakes are often made—so clarity in your draft is essential.

