Traditional vs. Roth Contributions
Many 401(k) plans now maintain two types of accounts under the same umbrella: pre-tax (traditional) and after-tax (Roth). The QDRO must be clear about how each type is divided, especially since distributions from Roth accounts have different tax consequences.
- Roth amounts: If part of the plan includes Roth contributions, you should specify whether the alternate payee will receive a proportional or fixed amount from the Roth component.
- Traditional amounts: Similarly, traditional pre-tax dollars can lead to tax liabilities upon withdrawal, which should be considered during divorce negotiations.

