Employee vs. Employer Contributions
In the Las Clinicas Del Norte, Inc.. 403(b) Plan, contributions may come from both the employee and employer. During a QDRO review, it’s important to identify:
- Which contributions are marital/community property (typically those earned or contributed during the marriage)
- Which amounts are fully vested, and which are subject to a vesting schedule
- Whether you’re asking for a flat dollar amount or a percentage of the marital share
QDROs can divide only the vested portion of the account. If your spouse has unvested employer contributions, you generally cannot claim a share until and unless those employer amounts become vested. If the participant terminates employment before full vesting, those amounts may be forfeited. We make sure this uncertainty is clearly addressed in the QDRO language.

