Employee and Employer Contributions
Like many 401(k)s, the First State Financial Corporation Employees Savings & Retirement Plan likely includes both employee deferrals (from the participant’s paycheck) and employer contributions. These two types of contributions can—and often should—be handled differently in a QDRO. The timing of the contributions, especially in relation to the marriage and divorce, matters a lot.
Only the portion of the account earned during the marriage is considered community or marital property, depending on your state. Your QDRO should clearly state whether the split applies to the entire account balance or only the marital share.

