Employee and Employer Contributions
With a 401(k)-type plan like the Bethlehem Church 403(b) Plan, the total account balance may include both employee and employer contributions. These need to be handled separately in the QDRO—especially because employer contributions may not be fully vested.
We recommend splitting the account using a “percentage of the account as of a specific date” approach. Alternatively, the QDRO could state a dollar amount. Be clear about whether the division includes gains and losses from the date of division to the date of distribution.

