Employer Contributions and Vesting
Unlike a 401(k) where employees contribute regularly through salary deferrals, profit sharing plans are typically funded by employer contributions. These contributions may be subject to a vesting schedule that can affect the amount available to divide at the time of divorce. Unvested employer contributions are usually forfeited if the employee leaves the company before vesting is complete. A good QDRO should specify whether the order applies to vested amounts only or if it should include future vesting if the participant stays employed.

