Employee vs. Employer Contributions
The primary concern in dividing a profit sharing plan is separating the employee’s own contributions (which are always 100% vested) from those made by Goss electric, Inc.. profit sharing plan. Employer contributions may be subject to a vesting schedule, and anything not vested at the time of division generally cannot be awarded to the alternate payee.
In a divorce scenario, if a spouse is to receive a portion of the plan, the QDRO must clearly state whether they are getting a flat dollar amount, a percentage of the vested balance, or a share of contributions made during the marriage. Specific language must also be included to ensure that only vested balances are divided—unless both parties agree otherwise and the plan permits holding amounts until vesting occurs.

