1. Traditional vs. Roth Subaccounts
Many modern 401(k) plans allow participants to make both traditional (pre-tax) and Roth (after-tax) contributions. If the employee spouse has balances in both types, the QDRO needs to clearly state how each subaccount should be divided.
- Traditional accounts: Divided pre-tax with taxes due when withdrawn
- Roth accounts: Can be transferred tax-free and withdrawn tax-free if conditions are met
If the QDRO fails to distinguish between these subaccounts, it could result in tax complications or an improper allocation.

