Dividing Employee and Employer Contributions
Typically, 403(b) and 401(k) plans have two primary components: what the employee puts in, and what the employer contributes. A QDRO can divide both parts, but there are a few things to keep in mind:
- Employee Contributions: These are usually 100% vested and can be allocated in a QDRO as of a specific date or percentage.
- Employer Contributions: These may be subject to a vesting schedule. This means not all employer contributions may be available for division.
If you’re the alternate payee, your share of the Brightpoint 403(b) Plan cannot include unvested employer contributions. It’s critical your QDRO reflects only the vested portion as of the assigned calculation date.

