Traditional and Roth Accounts
This plan may include both traditional (pre-tax) 401(k) money and Roth (after-tax) contributions. Each type of account has different tax treatment, so your QDRO should clearly separate them.
- Traditional 401(k): Tax-deferred. The alternate payee (typically the non-employee spouse) will owe ordinary income taxes when funds are withdrawn.
- Roth 401(k): After-tax contributions. Withdrawals may be tax-free, subject to age and holding requirements.
Failing to distinguish between the two can create major tax headaches down the road. Make sure your QDRO specifies whether the amount awarded comes from Roth, traditional, or both types of funds.

