Employee and Employer Contribution Divisions
In a profit sharing plan, contributions may come from both the employee and the employer. Contributions from the employee are typically considered fully vested right away, but employer contributions might be subject to a vesting schedule. When dividing assets, you need to be aware of what portion of the account is truly available for division.
For instance, let’s say an employee has been with Prudential lighting Corp.. for three years and employer contributions take five years to fully vest—some of the employer-contributed funds may not be distributable to the alternate payee in the QDRO. The QDRO should clarify how unvested funds are handled, along with any future vesting rights.

