1. Employee and Employer Contributions
The Bridgewater Bank 401(k) Safe Harbor Plan likely includes both employee deferrals and employer Safe Harbor contributions. The QDRO should clearly state whether the alternate payee is receiving a share of:
- Employee contributions (typically 100% vested)
- Employer Safe Harbor contributions (usually fully vested but confirm with plan rules)
- Any employer discretionary contributions (which may be subject to vesting)
It’s critical to consider whether the division should include only the vested portion or also the non-vested portion, especially if the employee spouse is still working at the company.

