Employee Contributions and Marital Division
In a standard 401(k) plan like the Care-rite Vocational 401(k) Plan, the employee makes pre-tax or Roth contributions directly from wages. During divorce, these contributions accumulated during the marriage are typically considered marital property and subject to division.
You can divide the marital portion using a flat percentage (such as 50% of the marital balance), a dollar amount, or a custom formula. Proper language must clearly set this out in the QDRO to avoid disputes or processing delays.

