1. Employee Contributions vs. Employer Contributions
Plans like the Warfab Safe Harbor 401(k) Plan typically involve both employee (participant) contributions and employer matching or non-elective contributions. While all employee contributions are immediately owned by the participant, employer contributions may be subject to a vesting schedule. This means:
- Only the vested portion of employer contributions can be divided via QDRO
- Any non-vested contributions may be forfeited upon separation
- The QDRO must clearly state whether the alternate payee is entitled to employer contributions

