Employee and Employer Contributions
In divorce, both parties often assume only the employee’s direct contributions are subject to division. However, employer matches—even if unvested—may also be considered marital property depending on your jurisdiction. The American Academy of Pediatrics 403(b) Plan likely includes employer contributions on a vesting schedule, so you’ll want to know:
- Are the employer contributions fully vested?
- What portion of any employer match was earned during the marriage?
- Was there additional profit-sharing or discretionary contributions?
In most cases, only the vested balance is available for division. If a participant’s balance includes unvested employer money, the QDRO needs to spell that out clearly to avoid disputes when the account is split.

