Employee and Employer Contributions
In a typical 401(k)-type retirement plan like the Onward We Learn 403(b) Dc Plan, both the employee and employer may contribute to the account. In divorce, the QDRO can divide:
- Employee Contributions: These are always 100% vested and divisible.
- Employer Contributions: These may be subject to a vesting schedule. Only vested amounts can be divided and assigned to the alternate payee.
Be sure to confirm the vesting status of any employer contributions as of the marital cut-off date (usually the separation or divorce date). Unvested employer contributions may be forfeited if the employee leaves the company prematurely.

