Types of Contributions and How They’re Divided
- Employee Contributions: These are typically 100% vested. They can usually be divided cleanly under a QDRO, based on a marital formula or fixed value.
- Employer Contributions: Extra care is needed here. The plan may require that the participant meet certain vesting requirements before the employer contributions become property that can be divided.
It’s common in 401(k) plans, like the Mayfield Senior School 403 (b) Plan, for unvested employer contributions to be forfeited if the employee leaves before a certain time. If you’re the non-employee spouse, make sure your QDRO doesn’t mistakenly attempt to divide funds that could vanish.

