Vesting and Employer Contributions
Profit sharing plans usually have vesting schedules, meaning the employee earns the right to keep employer contributions over time. If your spouse only worked a few years before filing for divorce, some of the employer’s contributions may not be vested—and therefore not eligible for division. A well-written QDRO will clarify whether the alternate payee (the non-employee spouse) is entitled to only vested amounts as of the date of divorce, or if future vesting will be shared.

