Handling Traditional and Roth 401(k) Accounts
One major detail to address when dividing a 401(k) is whether the account includes both traditional and Roth subaccounts. Traditional 401(k) contributions are made pre-tax, while Roth contributions are made after-tax. This matters for tax reporting and distribution implications.
The QDRO should clearly state whether the alternate payee is to receive:
- Only traditional balances
- Only Roth balances
- A proportional share of both
Failing to distinguish between the two can cause confusion with distributions and IRS reporting later.

