Dividing Employee and Employer Contributions
Employee contributions to the Congregation Beth Israel 403(b) Plan are 100% the employee’s property. The QDRO can assign a portion to the former spouse, usually called the “Alternate Payee.”
Employer contributions are more complicated. They’re often subject to vesting schedules. That means only the vested portion of employer contributions can be divided in a QDRO. Unvested funds belong to the employee but aren’t legally eligible for division at the time, and may revert to the employer if the employee leaves early.
In some QDROs, we include language that assigns a percentage of the vested account as of a specific date—but makes no claim to future employer contributions unless specifically requested. That’s a protection for both parties.

