1. Allocating Contributions: Employee vs. Employer
The QDRO must specify which contributions are being divided. In 401(k)-style plans like the Code.org 403(b) Plan, contributions come from both the employee (salary deferrals) and from the employer (often as matching or discretionary contributions). These amounts may not have the same valuation or vesting rules. For example, employer contributions may only partially vest depending on years of service, which could impact what can be awarded in the QDRO.

