1. Understanding 401(k) Account Types: Traditional vs. Roth
One of the most overlooked issues in dividing a 401(k) is differentiating between Traditional and Roth funds. Traditional 401(k) contributions are made pre-tax, and any distributions to the alternate payee will be taxed as income. Roth 401(k) contributions are post-tax, and qualified distributions may be tax-free.
When drafting your QDRO, it’s critical to clarify if the division applies to pre-tax, post-tax, or both account types. The QDRO should specify if funds are to be split proportionally from each type or only from specific sources.

