Employee vs. Employer Contributions
Most 401(k) plans—including The Contractors Retirement Plan—have both employee and employer contributions. A proper QDRO must make clear whether the division includes:
- Only the participant’s elective deferrals (employee contributions)
- Employer matching and/or discretionary contributions
If the plan includes employer contributions, you’ll also need to consider what portion of those contributions is vested. A non-vested employer match at the time of divorce cannot usually be awarded in the QDRO.

