1. Employee and Employer Contributions
401(k) accounts typically consist of:
- Employee salary deferrals – funds deducted from the participant’s paycheck
- Employer matching or profit sharing contributions – added by the employer, possibly subject to vesting
In a Safe Harbor plan, employer matching contributions are usually fully vested immediately. However, profit sharing contributions—or any extra match—may have a vesting schedule. When dividing the plan, your QDRO must account for which portions are vested and which may be forfeited if the participant leaves employment.

