Dividing Employee and Employer Contributions
With a retirement plan like the Boston Chinatown Neighborhood Center 403(b) Plan, you’ll typically find both employee contributions (self-funded) and employer contributions (funded by Boston chinatown neighborhood center, Inc..). These are both divisible under a QDRO, but the details matter.
- Employee Contributions: Usually 100% vested and easily divisible
- Employer Contributions: Could be subject to a vesting schedule; only vested amounts can be divided
If an employee is not fully vested in employer contributions at the time of divorce, you may need to draft the QDRO to reflect the accrued benefits and outline what happens if vesting increases later (post-divorce). This is crucial to avoid disputes down the road.

