1. Employee vs. Employer Contributions
In plans like the East Toledo Family Center 403(b) Plan, value may consist of:
- Employee contributions — always 100% vested and available for division.
- Employer contributions — subject to vesting schedules. If the participant isn’t fully vested, part of the account may not be available to the ex-spouse.
During QDRO drafting, it’s crucial to check the vesting to ensure only divisible amounts are included. Otherwise, you might award more than the plan participant actually owns.

