1. Employee vs. Employer Contributions
Most 401(k)-type retirement plans include both employee contributions (what the participant contributes from their paycheck) and employer contributions (what the employer adds).
Typically, all employee contributions are divisible in a QDRO. However, employer contributions may be subject to a vesting schedule. This means if the employee hasn’t worked at the company long enough, part of the employer matching funds might not be considered “vested” and therefore can’t be divided yet—or at all.
In this case, if your ex-spouse has an account with the 403(b) Thrift Plan of Simpson Housing Services, Inc.., we’ll need to evaluate the vesting schedule carefully. If part of the account balance is not yet fully vested, we can draft the QDRO to divide only the vested portion—or to include later vesting if agreed to in the divorce judgment.

