1. Pre-Tax vs. Roth Contributions
Many 401(k) plans now include both traditional (pre-tax) and Roth (after-tax) account types. Dividing Roth and non-Roth funds equally may seem straightforward, but it’s not always that simple. The QDRO needs to specify whether the division applies equally across both account types or only to certain components.
If the participant’s 401(k) includes both traditional and Roth balances, a well-drafted QDRO should clearly state how each type is to be split. Otherwise, the plan administrator may reject the order or divide the wrong portion.

