Employee vs. Employer Contributions
The Ann Storck Center, Inc.. 403(b) Plan likely includes both employee elective deferrals and employer matching or discretionary contributions. These contributions need to be treated differently in the QDRO.
- Employee contributions are always 100% vested and divisible.
- Employer contributions may be subject to a vesting schedule. Any unvested amounts are not divisible and may be forfeited based on the participant’s years of service.
Make sure you obtain the participant’s most recent benefits statement and confirm how much of the employer contributions are vested as of the QDRO date or valuation date to avoid awarding funds that do not legally belong to the participant or alternate payee yet.

