Employee vs. Employer Contributions
In most cases, the participant (employee) has the right to keep their own salary deferrals made before, during, and after the marriage. But employer contributions can be more complicated—especially if the participant wasn’t fully vested at the time of divorce. Be sure your QDRO spells out whether the former spouse is entitled to:
- Just the vested portion of employer contributions
- Or a portion of all contributions, including those not yet vested
Most plans like the Columbia Vantage House Corporation 403(b) Tda Plan don’t allow a non-vested spouse to collect unvested funds—even if the order tries to award them.

