Employee vs. Employer Contributions
The Unified Industries, Inc.. 401(k) Plan likely includes both employee contributions (which are always 100% vested) and employer matching or profit-sharing contributions. Employer contributions may be subject to a vesting schedule. In a divorce context, this means only the vested portion should be divided at the time of the QDRO.
The QDRO language needs to distinguish between these sources, especially if the plan separates them on participant account statements. If an award incorrectly includes unvested funds, the alternate payee may receive nothing more than an unpleasant surprise when the transfer occurs.

