1. Dividing Employee and Employer Contributions
For 401(k)-style plans such as the New America Foundation 403(b) Dc Plan, both employee deferrals and employer contributions must be addressed. In divorce, the QDRO can divide:
- Only the participant’s contributions
- Both the participant and employer contributions
- Only vested funds
Often, employer contributions are subject to a vesting schedule. If the participant is not fully vested, the alternate payee (the spouse receiving the portion) might not receive the full amount requested unless the QDRO accounts for that.

