Vesting Schedules and Forfeitures
Employer contributions are often subject to a vesting schedule. That means the employee might not be entitled to the full amount until they’ve worked a certain number of years. If the QDRO divides the account but doesn’t account for unvested funds, the alternate payee (usually the non-employee spouse) may be left with less than expected.
We recommend including specific language in the QDRO about what happens with unvested or forfeited amounts—especially important in profit sharing plans like this one. You may want to include a clause that entitles the alternate payee to a percentage of only the vested balance as of the date of divorce or decree, or you may request future vesting with proportional benefit sharing.

