1. Division of Employee and Employer Contributions
The Wirco, Inc.. 401(k) Plan likely includes both employee deferrals and employer matching contributions. It’s important to know:
- Employee contributions are always fully vested and divisible.
- Employer contributions may be subject to a vesting schedule—so you can only divide the vested portion.
If your divorce covers a period when employer matches were not fully vested, the QDRO should account for that, either by excluding unvested portions or stating whether later vesting should benefit the alternate payee.

