1. Employee vs. Employer Contributions
Employee contributions to the Brian’s House 403(b) Plan are considered marital assets if made during the marriage. The QDRO should specify how those are split: flat amount, percentage, or formula. But employer contributions can be tricky—because they’re usually subject to a vesting schedule. If the employee spouse (the participant) earned employer matches during the marriage but those weren’t vested as of the division date, the alternate payee may not have a right to them. In some QDROs, we include alternate language allowing the payee to receive newly vesting amounts if the participant becomes vested later.

