1. Employee vs. Employer Contributions
Most spouses are entitled to half of the marital portion of the account, which often includes:
- All contributions made by the employee during the marriage (as defined under your state’s law)
- The portion of employer contributions that were vested during the marriage
Unvested employer contributions are not always included in the division. Since vesting schedules vary widely, it’s important to check the plan documents or contact the plan administrator to determine how and when employer contributions vest.

