1. Employee vs. Employer Contributions
Most 403(b) plans, including this one, include both employee contributions and employer matches. In QDROs, these two sources are treated separately if vesting is involved (more on that below).
You can choose to divide:
- The entire account balance (both employee and employer portions)
- Only the vested portion
- Only the account balance as of a specific date (usually the date of separation or divorce filing)
The QDRO must clearly outline what is being divided. If employer contributions are not yet vested, the alternate payee (the non-employee spouse) may not receive a portion of those funds unless they become vested later.

