1. Dividing Employee and Employer Contributions
This 401(k) plan likely includes both employee contributions (the portion deducted from paychecks) and employer contributions (matching or profit-sharing amounts). A well-written QDRO for The Contractors Retirement Plan should specify if both are to be divided and on what basis:
- A flat dollar division
- A percentage of total account value
- A percentage as of a specific cutoff date (often the date of separation or divorce)
From experience, most courts divide only the marital portion (earned during the marriage), but how that’s calculated should be clearly stated in the order.

