Employee vs. Employer Contributions
In the Pathways Youth and Family Services 403(b) Plan, like many 401(k)-style plans, both the employee and employer may contribute. These are not always fully vested. A QDRO needs to clearly distinguish between:
- Employee Contributions: These are usually 100% vested and easily divided.
- Employer Contributions: Often subject to a vesting schedule, meaning a portion might not belong to the employee at the time of divorce.
We always recommend obtaining a full breakdown of vested and unvested amounts before drafting the order. If the QDRO awards unvested funds, the receiving spouse (alternate payee) may end up with less than expected.

