Employee and Employer Contribution Division
Employee contributions to the Baruch 403(b) Plan are typically fully vested and available for division. However, employer contributions may be subject to a vesting schedule. Unvested amounts often revert to the employee if the employment ends before full vesting—which means they may not be available for the alternate payee (the non-participant spouse).
A well-drafted QDRO must clarify whether the alternate payee is entitled to only vested amounts or whether post-divorce vesting should be included. Many plans, especially 401(k)-style, will only allow division of what is vested as of the date of divorce or QDRO entry unless otherwise specified.

