1. Contributions: Employee vs. Employer
Safe harbor 401(k) plans include employer contributions that often vest immediately. However, not all employer contributions are considered safe harbor—some may still be subject to a vesting schedule. Your QDRO must indicate whether the division includes only vested funds, or all contributions regardless of vesting status. This is critical to avoid disputes down the road.
- Employee Contributions: Typically 100% vested.
- Employer Safe Harbor Contributions: Often immediately vested, but confirm with plan document.
- Non-Safe Harbor Employer Contributions: May be subject to vesting based on years of service.

