Know What’s Divisible
In a 401(k) plan like the Illinois Sanitation Services 401(k) & Profit Sharing Plan, both employee and employer contributions may be subject to division. However, the key is determining what portion is vested at the time of separation or the date selected for division (often the date of divorce or a set valuation date).
Here’s what you generally need to determine:
- The vested balance on the date of division
- Whether unvested employer contributions should be included (they typically aren’t, unless later vesting is awarded)
- The type of account involved—traditional, Roth, or both
- Any outstanding loan balances

