Division of Contributions
The Merit Energy Company Savings Trust likely includes:
- Employee Contributions: Fully vested in most cases and eligible for division based on the marital portion.
- Employer Contributions: Often subject to a vesting schedule. Any unvested amounts as of the date of divorce may not be included in the division unless and until they vest.
If the plan participant hasn’t met the vesting requirements for certain employer contributions, that portion might be considered non-marital—or may require deferred allocation language based on future vesting events. Getting this wrong can leave one party empty-handed. We review the plan documents to ensure vesting is appropriately addressed.

