1. Contribution Types – Traditional vs. Roth
This plan may include both traditional (pre-tax) and Roth (after-tax) sources. These must be treated separately in your QDRO:
- Traditional contributions are taxed when withdrawn, so if you’re receiving a portion via QDRO, expect to owe taxes in the future.
- Roth 401(k) balances often receive different treatment since contributions were already taxed. Earnings may or may not be taxable depending on holding periods and age.
Your QDRO must instruct the plan whether to divide these accounts separately or proportionally, depending on how you and your attorney structure the settlement.

