Unvested Employer Contributions
One of the biggest headaches in dividing a 401(k) plan is dealing with employer contributions. Many plans have a vesting schedule that determines how much of the employer contributions actually belong to the participant. If the participant is not 100% vested, some of their balance may be forfeited upon termination or divorce.
The QDRO for the Rice Services, Inc.. 401(k) Plan should clearly state whether the Alternate Payee will receive a share of only the vested portion or all contributions including unvested amounts. If the plan forfeits unvested amounts, this should be addressed in the settlement and QDRO language.

