Dividing Employee and Employer Contributions
With the Community Blood Bank of Northwest Pennsylvania 403(b) Plan, contributions can include employee deferrals as well as employer matches. Not all contributions are treated equally in divorce.
If you’re the non-employee spouse (the “alternate payee”), you’re usually entitled to a portion of the employee’s account as of the date of separation or divorce, including investment gains or losses. However, employer contributions may be subject to a vesting schedule. If the participant isn’t fully vested as of the division date, a portion of those funds may not be included in the QDRO.
When we draft QDROs, we carefully consider whether the employer portion is vested and how it should be addressed to make sure you don’t lose what you’re entitled to—or mistakenly assign unvested amounts which might later forfeit.

