1. Vesting and Employer Contributions
Profit sharing plans often have vesting schedules, usually spread over a number of years. Only the vested portion of the account is eligible to be divided in a divorce. If part of the employer’s contributions to the Cline,williams,wright, Johnson & Oldfather L.l.p. Profit Sharing Plan and Trust are not yet vested, that unvested portion can’t be awarded in a QDRO. However, it’s wise to include language in the QDRO that addresses the possibility of future vesting, in case the participant remains employed long after divorce.

