1. Vesting of Employer Contributions
Profit sharing plans often include a vesting schedule that determines how much of the employer’s contributions the participant keeps based on years of service. The QDRO should specify whether the alternate payee will share in only vested amounts (typical) or potentially in an equitable share based on projected vesting. Because unvested assets can be forfeited if the participant separates employment, these amounts must be carefully reviewed when drafting the QDRO.

