1. Vesting Schedule and Employer Contributions
This plan includes both employee-elective contributions and employer profit-sharing contributions. A common issue we see occurs when the employee spouse (the participant) has unvested employer contributions at the time of divorce.
- Unvested amounts cannot be awarded in a QDRO.
- The order must specify whether the alternate payee receives only vested balances or is entitled to future vesting.
If the plan participant separates from service post-divorce and unvested amounts are forfeited, it’s critical that the QDRO language anticipates this outcome to prevent later disputes.

