1. Employee Contributions and Employer Matches
The Career Group, Inc.. Safe Harbor 401(k) Plan allows for both employee deferrals and employer safe harbor matching. In a divorce, these may be divided differently depending on whether they’re marital or separate property. The QDRO must state whether it applies to:
- All vested account balances as of a certain date
- Only employee contributions during the marriage
- Employer match contributions, if vested
Because these funds are tracked separately within many 401(k) recordkeeping systems, the order should clearly define how each source is to be divided.

