Employee vs. Employer Contributions
401(k) plans often include both employee and employer contributions. When drafting a QDRO for the Sms Transportation Services, Inc.. 401(k) Profit Sharing Plan and Trust, it’s important to specify whether:
- The alternate payee is receiving a set percentage of the total account or only marital portion;
- Only vested employer contributions will be divided;
- The division will account for any contributions made after the date of separation or divorce.
In many states, only the marital portion (from the date of marriage to the date of separation) is subject to division. We help clients define this clearly in the QDRO to avoid confusion and miscalculations.

