Employee and Employer Contributions
One of the most important aspects of the Silver Birch Living 401(k) Savings Plan is separating out who contributed what. Typically, the employee (your spouse) has a portion of their salary deducted and put into the plan. Many employers will also contribute matching or profit-sharing amounts. Those employer contributions may be subject to vesting rules—meaning they fully belong to your spouse only after a certain period of employment.
If you’re dividing a 401(k) and your spouse hasn’t fully vested, the non-vested portion may not be assigned to you. A good QDRO should identify the appropriate date of division (commonly the date of separation, divorce, or another agreed-upon date), and also state how to handle vesting if the plan does not do so automatically.

