Employee and Employer Contributions
Most 403(b) plans are funded through two types of contributions: employee deferrals and employer matching or discretionary contributions. In divorce, both these types may be subject to division. Important questions to ask include:
- How much did the employee contribute during the marriage?
- Were there employer contributions, and are they fully vested?
These details will shape how the account is divided. The QDRO can award a percentage or a flat-dollar amount of only the marital portion (typically contributions made and investment gains earned during the marriage).

