1. Traditional vs. Roth Account Balances
Most people think of 401(k)s as one single account, but it’s common for plans like the Silva Trucking, Inc.. 401(k) Profit Sharing Plan to have both a traditional (pre-tax) and a Roth (after-tax) component. Dividing these accounts proportionally or by source requires additional language in the QDRO to prevent tax consequences for either party.
If each spouse is receiving a portion, it’s critical to specify how Roth and traditional pieces are allocated. You can’t combine account types when transferring assets—this must be done in type-specific transfers to another eligible account.

