Employee vs. Employer Contributions
With Safe Harbor 401(k) plans, employees make their own contributions, and employers contribute automatically to meet IRS minimum requirements. But here’s where it gets tricky: employer contributions may be subject to vesting schedules unless the Safe Harbor terms provide immediate vesting (which is common).
The QDRO should:
- Clarify whether the alternate payee is receiving a share of both employee and employer contributions
- Exclude any unvested employer contributions, if appropriate
- Define the valuation date used to calculate the division

