Vesting Schedules Can Impact the Division
Profit sharing plans often include specific vesting rules, meaning the employee only owns a percentage of the employer contributions until a certain number of years of service have been completed. For example, the plan may use a 6-year graded vesting schedule, where the employee earns ownership of 20% of the employer contributions for each year after two years of service. Unvested portions generally cannot be awarded to an alternate payee.
Before drafting the QDRO, it’s critical to determine how much of the account is actually vested. This information will directly affect the portion available to the non-employee spouse.

