Identify All Types of Contributions
401(k) accounts often include multiple types of contributions:
- Employee Pre-Tax Contributions (Traditional 401(k)) – These are the contributions the employee has made before taxes and must be included specifically in the QDRO.
- Roth Contributions – These are after-tax contributions and must be divided separately in the order due to different tax treatment upon distribution.
- Employer Matching or Profit Sharing Contributions – Often subject to a vesting schedule, and unvested amounts may be forfeited and unavailable to the alternate payee (former spouse).

