Employee and Employer Contributions
With a 401(k) like the State Trailer Supply 401(k) Plan, there are two main types of contributions to divide: those made by the employee (deferrals) and those made by the employer (matches or additional contributions). A well-crafted QDRO should:
- Specify whether the alternate payee (usually the ex-spouse) receives a share of both types of contributions
- Clarify if the division is percentage-based or a fixed dollar amount
- Include division language that matches the plan’s handling of gains and losses through the distribution date
This becomes especially important if the employer contributions are subject to a vesting schedule.

