What Can Be Divided
The QDRO allows for division of retirement plan assets accumulated during the marriage. For the Home Life Inc.. 403(b) Plan, this means potential distribution of:
- Employee contributions (pretax and/or Roth)
- Employer contributions (if vested)
- Growth and interest on both
This type of plan is similar in function to 401(k)s—meaning it’s participant-directed, generally portable, and subject to ERISA rules. That means it can be divided under a QDRO without early withdrawal penalties to the alternate payee (spouse receiving a share).
Roth vs. Traditional Accounts
Plans like the Home Life Inc.. 403(b) Plan often allow both pre-tax (traditional) and after-tax (Roth) contributions. This distinction is important when drafting your QDRO.
- Traditional Accounts: Distributions are taxed upon withdrawal.
- Roth Accounts: Contributions are post-tax and withdrawals may be tax-free if certain conditions are met.
Your QDRO should clearly state how each type of account is to be divided. Unfortunately, many generic drafting services ignore this, creating tax confusion later. At PeacockQDROs, we ensure each QDRO spells out separate handling for Roth versus traditional funds.