Employee vs. Employer Contributions
One of the biggest complications with plans like the Recovery Works Nw LLC 401(k) Plan is determining what’s divisible. Are you dividing just the participant’s contributions and earnings? Or also the employer’s matching funds? And what if some of the employer contributions aren’t fully vested yet?
This is where precision matters. If employer contributions aren’t vested, they aren’t divisible. A well-drafted QDRO should specify what happens to unvested amounts—particularly if they become vested after divorce but before distribution.

