1. Pre-Tax vs. Roth Contributions
Many 401(k) plans include both pre-tax and Roth contributions. Roth accounts are funded with after-tax dollars, while traditional 401(k) contributions are made before taxes. A proper QDRO should specify whether the alternate payee (usually the non-employee spouse) is receiving a portion of both account types or just one. If the plan doesn’t differentiate in payouts, the QDRO must make that clear to avoid taxable errors later.

