In most 403(b) plans like the Dameron Hospital Association 403b Plan, both the employee and employer make contributions. Here’s what to know:
Employee Contributions
These are typically 100% vested and fully divisible via QDRO. They can be divided using:
- A specific dollar amount
- A percentage of the balance as of a certain date (e.g., date of separation or court judgment)
Employer Contributions and Vesting
Vesting matters. If an employee is not fully vested in employer contributions at the time of divorce, the non-vested portion is not part of the divisible account. Your QDRO should specify whether the alternate payee receives a share of:
- Only the vested portion as of the order date
- Future vesting (not always permitted by the plan)
Make sure your QDRO clearly distinguishes vested vs. unvested employer contributions. At PeacockQDROs, we know how to word the order based on the plan’s administrative rules and will contact the administrator if necessary.