Step 1: Determine What to Divide
- Was the account opened before or during the marriage?
- Will the division include just the marital portion or the entire balance?
- Does the participant have multiple accounts such as Roth and pre-tax?
Make sure the QDRO clearly outlines the percentage or dollar amount the alternate payee will receive, and whether the amount includes gains or losses from the date of division to the date of transfer. This is especially critical for Roth accounts held inside a 401(k) plan, which follow different tax rules.

