Employee vs. Employer Contributions
Both employee and employer contributions may be marital property. But that doesn’t mean both are always divisible. Most 403(b) or 401(k) plans include rules around vesting. If the participant isn’t 100% vested, any unvested employer contributions could be forfeited—meaning they won’t be part of the account balance divisible through the QDRO.
For the The Williamsburg Charter High School 403(b) Plan, the vesting schedule will be particularly important, especially if the employee hasn’t been in the plan long. Always request the plan’s vesting rules and calculate the shared marital portion based on what’s actually available to divide.

