1. Dividing Employee and Employer Contributions
When dividing a 403(b) or 401(k)-style plan, you’re not just talking about a single account balance. Most plans include separate sub-accounts: one for employee contributions and one for employer contributions. The QDRO must clearly state whether both types of contributions are to be divided—and at what percentage or dollar value.
Employer contributions may be subject to a vesting schedule. Any unvested employer money at the time of divorce is not typically divisible unless and until it becomes vested. We help our clients understand how much of the balance is actually available to divide and draft language to account for changes in vesting after the QDRO is filed.

