Employee and Employer Contributions
A 403(b) plan often includes both employee deferrals and employer contributions. In divorce, QDROs can award a portion of the total balance—or divide it by segregating the marital portion earned during the marriage.
- Employee Contributions: These are generally fully vested right away.
- Employer Contributions: These may be subject to a vesting schedule, which means only a portion may be owned by the employee at the time of divorce.
The QDRO must clearly state whether the alternate payee will receive a share of just the vested amount or a percentage of the overall balance—with forfeiture of the unvested portion if applicable.

