1. Roth vs. Traditional 401(k) Accounts
This plan may offer both traditional pre-tax and Roth after-tax contributions. You’ll want to specify in the QDRO how to handle each type of account. If not handled properly, the wrong tax treatment could burden one party unfairly.
- Traditional accounts —Taxes are deferred until withdrawal
- Roth accounts —Taxes have already been paid, so withdrawals are generally tax-free
We advise that the QDRO separate Roth and pre-tax balances proportionally, unless the parties agree to exclude one type. Always check the latest participant statement to see if both types exist.

