Division of Employee and Employer Contributions
In most cases, all vested contributions made by the employee are marital property and subject to division. However, employer contributions may follow a vesting schedule. That means any unvested employer-funded portions may not be available for division at the time of divorce.
- If your spouse is not yet fully vested, you may only be entitled to the vested portion as of the division date.
- We recommend freezing the division date to the date of separation or divorce judgment to avoid future increases or changes to the account becoming included.

