Dividing Employee vs. Employer Contributions
The Mcdonalds of Great Falls Safe Harbor 401(k) Profit Sharing Plan includes both employee deferrals and employer contributions. In most divorces, retirement assets are divided based on contributions earned during the marriage, but decisions must be made about:
- Whether to include vested employer contributions
- How non-vested funds will be treated
- Whether to split based on a percentage or specific dollar amount
Employer contributions in Safe Harbor 401(k) plans are usually immediately vested, but confirmation from the plan’s administrator is critical. If any employer funds were not vested at the time of divorce, they may be forfeitable and excluded from the QDRO assignment.

