Dividing Employee and Employer Contributions
One of the most important issues in dividing the Trott Law, P.c. Profit Sharing Plan and Trust is understanding how employer and employee contributions are handled separately.
- Employee Contributions: These are generally fully vested and subject to direct division.
- Employer Contributions: These may be subject to a vesting schedule. Contributions that are not yet vested at the time of divorce may not be transferable.
It’s critical that the QDRO specifies whether the alternate payee (the spouse receiving a portion) is entitled to contributions that vest in the future or only those already vested.

