1. Contributions and Vesting Schedules
The Mdc Global Solutions, LLC 401(k) likely includes a combination of employee salary deferrals and employer matching contributions. While an employee’s own contributions are always 100% vested, employer contributions may be subject to a vesting schedule. If the participant hasn’t worked for the company long enough, part or all of the employer’s match may be unvested and therefore not divisible by QDRO.
When writing a QDRO for this plan, make sure it clearly defines how to treat unvested funds. At PeacockQDROs, we include vesting protection language so an alternate payee does not lose out on future-dated benefits they would be entitled to, if appropriate under the terms of your divorce agreement.

