1. Distinguishing Between Traditional and Roth Accounts
It’s common for 401(k) plans today to offer both traditional (pre-tax) and Roth (after-tax) contributions. Your QDRO needs to state whether the division applies to:
- Only the traditional account balance
- Only the Roth account balance
- Both—either proportionally or explicitly
Failing to make this clear can result in serious tax consequences or delays.

