Vesting Schedules and Unvested Funds
Many profit sharing plans have vesting schedules, meaning a participant doesn’t fully “own” all employer contributions until a specific number of years of service. If part of the account is unvested on the date of division, that portion may be forfeited if the employee leaves the company. The QDRO must account for this by specifying how unvested funds are treated. Will the alternate payee receive a share only of vested funds, or receive a conditional amount pending future vesting?

