1. Employee and Employer Contributions
The Hometown Pharmacy 401(k) Plan likely includes both employee salary deferrals and employer contributions. During divorce division, most QDROs either:
- Divide the account based on a flat percentage (e.g., 50% of the marital balance as of a specific date)
- Split a dollar amount
It’s important to determine whether the employer contributions are vested. If they’re not, the non-employee spouse may not be entitled to them—or will only receive them once they become vested (which might not happen if the employee leaves Mroeki, Inc.).

