Traditional vs. Roth Account Division
401(k) accounts can include two types of contributions:
- Traditional (pre-tax): Taxable to the alternate payee when distributed
- Roth (after-tax): Generally not taxable upon qualified distribution
The QDRO should distinguish whether the awarded percentage or dollar amount includes Roth balances. Some plans allow separate Roth subaccounts; others don’t. If you want specific treatment, we include language in the order to preserve those distinctions for tax reporting and compliance purposes.

