Employee and Employer Contributions
The Johnston Autostores 401(k) Plan likely includes both employee contributions (made by the participant from their paycheck) and employer contributions (made by Johnston automotive & industrial of spencer, Inc. as part of a benefits package). These can usually be divided in divorce, but the split needs to be clearly defined in the QDRO.
In community property states, it’s common for contributions made during marriage—regardless of who earned them—to be divided equally. However, the QDRO must distinguish between pre- and post-marital contributions and specify how each should be treated.

