1. Dividing Traditional vs. Roth Accounts
This plan could include both traditional (pre-tax) and Roth (after-tax) 401(k) components. It’s important to specify in the QDRO whether the alternate payee (the spouse receiving a portion) is receiving a share of each type. These accounts have different tax treatments:
- Traditional 401(k): Withdrawals are taxed as ordinary income.
- Roth 401(k): Withdrawals are tax-free if certain conditions are met.
A solid QDRO spells out how funds are divided between the two and ensures the alternate payee inherits the same tax treatment.

