1. Dividing Pre-Tax and Roth Contributions
The Sons Chevrolet, LLC 401(k) Plan may contain both traditional pre-tax contributions and Roth after-tax contributions. This distinction matters because:
- Distributions from pre-tax accounts will be taxed when withdrawn.
- Distributions from Roth 401(k)s may be tax-free if qualified.
When drafting the QDRO, it’s crucial to clearly state whether the division includes Roth funds, pre-tax funds, or is pro-rata across both. Leaving out this detail could delay the process or lead to errors in distribution.

