1. Dividing Employee and Employer Contributions
Most plans include both employee contributions (from the worker’s paycheck) and employer contributions (match or profit-sharing). In divorce, a QDRO can award a portion of these contributions earned during the marriage to the non-employee spouse. How much gets divided depends on the dates of marriage and separation.
In the Lodestar Children’s Services 403b Plan, it’s essential to:
- Access historical statements to determine marital contributions
- Clarify how to value the account (as of date of division vs. date of distribution)
- Include language covering post-separation earnings or losses on divided shares

