Employee and Employer Contributions
Most 403(b) plans feature two funding sources: employee deferrals and employer contributions. A QDRO can and often does divide both. For example, the order might award an alternate payee 50% of all account balances as of a specific date, or it may distinguish between the pre-marital and post-marital portions.
If the account includes employer contributions, it’s crucial to check the vesting schedule. Unvested amounts as of the QDRO division date are not considered divisible. We see cases where people mistakenly assume all account funds—regardless of vesting—can be awarded to the spouse. They can’t.

