QDRO 401k


#1

Hi, I am executing a QDRO on my 401k where I will have to pay my ex money out of the 401k. She is listed as the “alternate payee.”

Since these contributions were pre-tax, is she responsible for the taxes automatically, or is this something I need to address in the QDRO and if so, what do I need to say? I am modifying a QDRO sent me by Plan Administrator.


#2

The language in the QDRO will depend on what the Plan will accept and also what your Separation Agreement says with respect to the division and taxes. Normally the alternate payee is responsible for taxes on his or her share of the account.