1. Employee and Employer Contribution Types
The Continental Datalabel, Inc.. 401(k) Plan likely includes several sub-accounts: pre-tax (traditional), Roth (post-tax), employer matching, and possibly profit-sharing contributions. Each must be accounted for in the QDRO. Make sure the language clearly states how each source of funds should be treated:
- Is the alternate payee receiving a flat dollar amount or a percentage?
- Should the QDRO slice be applied to the total balance or limited to the vested portion?
- Are both Roth and non-Roth contributions included in the award?
We’ve seen dozens of errors where only one type of account (e.g., traditional contributions) is split, leaving the Roth balance untouched. Don’t assume—it must be spelled out.

