1. Employee vs. Employer Contributions
In most 401(k) plans, participants make contributions from payroll deductions, and their employer might match a portion. But in divorce, only the marital (or community) portion of the account is divided. If your spouse made contributions before the marriage or after separation, those may be separate property.
QDROs for the Sungrow Usa Corporation 401(k) Plan should specify whether the alternate payee (often the non-participant spouse) is receiving a percentage of:
- The total account balance as of a cutoff date (such as the date of separation), or
- The marital portion, excluding any non-marital funds

