Employee vs. Employer Contributions
The first step in drafting a QDRO is understanding how the participant’s benefit is structured. The Capital Rx 401(k) Plan likely includes:
- Employee salary deferrals (pre-tax and/or Roth)
- Employer matching or non-elective contributions
Only vested employer contributions are divisible in a QDRO. If your spouse is not 100% vested, some of the employer’s match may be forfeitable. It’s essential to determine the vesting schedule so the QDRO doesn’t award amounts that the participant won’t keep.

