1. Understanding Traditional vs. Roth 401(k) Accounts
The Massachusetts Institute of Technology Basic Retirement Plan may allow both traditional (pre-tax) and Roth (after-tax) contributions. When dividing the account:
- Traditional contributions: Are taxed upon distribution unless rolled into another qualified plan.
- Roth contributions: May retain their tax-free status if transferred properly.
Your QDRO needs to explicitly address both types of accounts and allocate them according to the divorce agreement. If this isn’t handled properly, the recipient could pay taxes that shouldn’t apply. We know how to structure orders to preserve favorable tax treatment when possible.

