1. Employee vs. Employer Contributions
Most 401(k)-style plans like the Kids and Company of Linn County 403(b) Plan include both elective deferrals (the employee’s salary contributions) and employer contributions. It’s critical to determine if both types of funds are included in the division.
In many cases, the employee has full ownership of their deferrals, but employer contributions may be subject to a vesting schedule. That means some of the account balance may not actually “belong” to the employee until they meet certain service requirements—and non-vested portions can’t be awarded in a QDRO.

