Dividing Traditional and Roth Accounts
This 401(k) plan may include both pre-tax (traditional) and after-tax (Roth) contributions. A well-drafted QDRO must clearly state how the division applies to each type of account:
- If the alternate payee is receiving a percentage, will that same percentage apply to both types?
- Should the alternate payee receive only pre-tax or only Roth funds?
- How do earnings and losses after the division date affect both portions?
This level of detail matters because Roth distributions are treated differently for tax purposes. A lack of clarity could result in delays or trigger unintended tax consequences.

