Employee and Employer Contributions
Dividing contributions in a divorce is not just about the balance on paper. The most common division is 50/50 of the marital portion, but how that’s defined can vary. For the State Fair of Texas 401(k) Retirement Plan, you may have:
- Pre-marriage contributions (considered separate property)
- Marital contributions (including employee deferrals and employer matching)
- Post-separation contributions (subject to specific rules or court orders)
The QDRO must clarify which parts of the account are to be divided and should state whether gains and losses are included up to the date of distribution.

