Employee vs. Employer Contributions
401(k)-style plans like the Ski & Snowboard Club Vail 403(b) Plan may include both employee contributions (deducted from pay) and employer contributions (matched or discretionary). In divorce, it’s essential to determine whether the alternate payee—usually the non-participant spouse—is entitled to a share of:
- Just the employee-contributed portion
- Employer contributions that are vested as of the cut-off date
- All contributions including unvested employer amounts (which may later be forfeited)
If the marital cut-off date precedes full vesting, there’s a real risk of the alternate payee losing part of their share. That risk must be discussed and built into the QDRO language appropriately.

