Employee and Employer Contributions
Most 403(b) and 401(k) plans include both employee elective deferrals and employer matching or discretionary contributions. In a QDRO, it’s usually fair to split both sources, but they should be clearly identified. Employers often attach different vesting schedules to their contributions, and in some cases, unvested amounts may end up being forfeited rather than granted to the alternate payee.
Your QDRO should clarify whether both sources of contributions are being divided and how to handle forfeited amounts if the employee isn’t fully vested at the time of divorce.

