Dividing Employee and Employer Contributions
The Uab Medicine Enterprise 403(b) Retirement Plan likely consists of two primary funding sources: employee salary deferrals and employer contributions. Under a QDRO, you can divide both types of funds if they are marital property.
Typically, the order can either:
- Transfer a fixed dollar amount to the alternate payee, or
- Award a percentage of the participant’s account balances as of a specific date (usually the date of separation or divorce judgment)
The division language must clarify how any gains or losses from investments between the valuation date and the date of distribution are handled. If not written clearly, disputes and delays can arise.

