Vesting and Forfeited Amounts
Not all employer-contributed funds in a profit sharing plan are immediately vested. If your spouse is not fully vested at the time of divorce, a portion of their account might be ineligible for division. The QDRO should include language that limits division to the vested portion only, or states a specific date to assess vested percentages.
If portions of the account are forfeited due to lack of vesting after the QDRO is issued, the alternate payee (receiving spouse) may not receive the full expected amount. That’s another reason careful drafting and follow-up are critical.

