1. Employee Contributions vs. Employer Contributions
The Job Options, Inc.. 403(b) Plan is functionally similar to a traditional 401(k) in many ways. A key distinction when dividing this type of plan is understanding what portion of the account comes from the employee versus employer contributions. Only the amounts earned during the marriage are considered community or marital property in most states.
Participant contributions (deferred salary into the plan) are fully vested and typically available for division. However, employer contributions may be subject to a vesting schedule—which we’ll explain below. The QDRO can divide only the portion of employer contributions that are vested at the time of division.

