Employee and Employer Contributions
In most divorces, it’s common to divide just the marital portion of the 401(k) — typically the portion earned from the date of marriage to the date of separation. For the Academi 401(k) Plan, both employee salary deferrals and any employer match or profit-sharing contributions made by Academi LLC should be considered. However, employer contributions might be subject to vesting schedules, meaning they aren’t fully owned by the employee until certain time requirements are met. Any unvested amounts at the time of divorce may not be part of the divisible marital estate.

