1. Employee vs. Employer Contributions
With the Chicago Horticultural Society 403(b) Retirement Plan, both employee elective deferrals and potential employer contributions need to be addressed in your QDRO. Spouses often assume everything in the account is fair game, but only the vested portion of employer contributions may be distributable under a QDRO.
The QDRO should clearly state whether it includes only employee contributions, or both employee and vested employer contributions. If the employer has a vesting schedule, unvested amounts as of the division date may be forfeited and therefore unavailable for the alternate payee.

