Employee and Employer Contributions
Employee contributions to a 401(k)-style plan like the Mgh 403(b) Retirement Plan are always considered 100% vested. In a QDRO, those amounts can usually be split based on a percentage or other formula, such as “50% of all contributions and earnings accrued through the date of divorce.”
Employer contributions, however, are only divisible if they are vested. If your former spouse hasn’t worked long enough at Marion general hospital, Inc.. to qualify for full vesting, the unvested portion won’t be included in the QDRO division. It’s important to check the vesting schedule in the plan documents — some employers use a six-year graded schedule, while others may use cliff vesting at three years.

