Employer Contributions and Vesting Schedules
Because The Metropolitan Museum of Art 403(b) Retirement Plan for Non-union Employees is structured like a 401(k), it includes both employee contributions (amounts deducted directly from paychecks) and potential employer contributions. However, employer contributions are often tied to vesting schedules. In a divorce, only vested portions of employer contributions are eligible for division unless the QDRO includes provisions for post-divorce vesting.
Important: If the employee-spouse has unvested employer contributions, the QDRO must clarify whether the non-employee spouse (called the “alternate payee”) is entitled to receive a share if those contributions become vested after divorce. Some plans allow ongoing vesting after divorce; others do not. This distinction needs to be addressed to avoid disputes years down the road.

