Employee vs. Employer Contributions
One of the first questions in dividing a retirement plan is whether both employee and employer contributions are included. Under ERISA 403(b) plans like this one, employee contributions are fully divisible. Employer contributions, however, are subject to the plan’s vesting schedule. This means:
- If your spouse isn’t fully vested, some of the employer-funded portion may not be available for division.
- The QDRO must account for vested vs. non-vested funds on the date of division.
Always ask for a recent statement showing the vesting breakdown, or have the attorney request it from the plan administrator.

