Employee and Employer Contributions
The Mgm Products, Inc.. 401(k) Plan likely includes both employee salary deferrals and employer matching contributions. Some employer contributions may be subject to a vesting schedule. If those funds aren’t fully vested at the time of divorce, they may not be available to divide. Your QDRO must clearly state whether the alternate payee is entitled to:
- A percentage of the total account (including any unvested employer matches), or
- Only the vested portion as of the date of division
For accuracy, we usually recommend obtaining a current account statement and the Summary Plan Description (SPD).

