Roth vs. Traditional Accounts
Many 401(k) plans, including the Retirement Plan for Officers of Columbia University, offer both traditional (pre-tax) and Roth (after-tax) accounts. In a divorce context, the QDRO must specify how each type of account is divided.
Why this matters: if this distinction isn’t clear in the QDRO, the plan administrator could misapply the division or reject the order altogether. Traditional and Roth portions come with different tax treatment, so lumping them together in your settlement language could lead to unintended consequences.
Loan Balances and Repayments
If the participant has an outstanding loan on their 401(k), this must be taken into account in the QDRO. Should the alternate payee share be calculated before or after subtracting the loan balance?
There’s no one-size-fits-all answer. You and your attorney should decide whether to allocate the loan balance entirely to the participant or split it proportionally. Either way, it needs to be clearly stated in the QDRO to avoid disputes.