Dividing a 401(k) with both Roth and traditional account types adds another layer of complexity. Traditional accounts are tax-deferred, meaning taxes are paid upon withdrawal. Roth accounts are post-tax, meaning no taxes owed at distribution (subject to rules).
A proper QDRO should identify whether the award to the alternate payee comes from:
- The traditional portion
- The Roth portion
- A proportional share of both
If this isn’t specified, the plan administrator may hold or reject the QDRO. At PeacockQDROs, we review each plan’s account structure before drafting to avoid these issues.