Employee and Employer Contributions
One of the first questions is whether to divide just the participant’s contributions or to include employer matching as well. With the Magic Wok Quality Savings & Retirement Plan, this is especially important because employer contributions may be subject to vesting.
If your spouse worked at Siam garden, Inc.. dba magic wok for a short time, some of the employer contributions may not be fully vested. In that case, the unvested portion may not be available to divide. Your QDRO should clearly define whether the alternate payee will receive a share of only the vested balance or a proportional share based on the final vested amount.

