Employee and Employer Contributions
Most 403(b) plans allow employees to contribute pre-tax or Roth (after-tax) dollars. Employer matching contributions—if offered—often follow a vesting schedule, which limits what portion is legally the participant’s at any given time. In divorce, this becomes crucial.
- Employee contributions are always 100% vested and can be divided by QDRO.
- Employer contributions may be subject to vesting. Only the vested portion is available for division.
If your divorce agreement awards 50% of the account accrued during your marriage, it’s essential to determine whether employer contributions during that time were fully or partially vested. Otherwise, you may be awarding more than the participant was entitled to keep.

