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Divorce and the Soar Restaurants V, LLC 401(k) Plan: Understanding Your QDRO Options

Introduction

When a couple gets divorced, dividing retirement assets like a 401(k) can be one of the most confusing parts of the settlement. If you or your former spouse has participated in the Soar Restaurants V, LLC 401(k) Plan, you’ll need a Qualified Domestic Relations Order—commonly called a QDRO—to legally transfer a portion of those retirement funds. At PeacockQDROs, we’ve worked with all types of retirement plans and helped many clients complete the full QDRO process from start to finish. Here’s what you need to know about dividing the Soar Restaurants V, LLC 401(k) Plan during divorce.

What Is a QDRO?

A Qualified Domestic Relations Order (QDRO) is a court order that allows a retirement plan to pay a portion of the participant’s benefits to someone else, usually their former spouse. Without a QDRO, the retirement plan cannot legally divide the account—even if it’s written into your divorce judgment.

For a 401(k) like the Soar Restaurants V, LLC 401(k) Plan, a QDRO is required if one spouse is being awarded a portion of the other spouse’s account. The QDRO tells the plan administrator how much to pay, who to pay it to, and when the transfer should happen.

Plan-Specific Details for the Soar Restaurants V, LLC 401(k) Plan

The following information applies to this specific retirement plan:

  • Plan Name: Soar Restaurants V, LLC 401(k) Plan
  • Sponsor: Soar restaurants v, LLC 401(k) plan
  • Address: 20250721095528NAL0000566579001, effective 2024-01-01
  • Plan Number: Unknown (required for final QDRO submission—must be requested from the plan administrator)
  • EIN: Unknown (will also need to be obtained for QDRO approval)
  • Industry: General Business
  • Organization Type: Business Entity
  • Status: Active

Even though some information—like Plan Number and EIN—is missing from public sources, it will be required before QDRO submission. At PeacockQDROs, we can help you track this down as part of our process.

Key QDRO Considerations for the Soar Restaurants V, LLC 401(k) Plan

While it follows many standard rules for 401(k) retirement plans, the Soar Restaurants V, LLC 401(k) Plan may have its own administrative requirements or restrictions. Here are the most important factors to address in your QDRO:

Employee vs. Employer Contributions

The plan likely includes both employee salary deferrals and employer-matching contributions. A QDRO should clearly indicate whether the former spouse (called the “alternate payee”) is receiving a portion of all plan assets or only certain parts, such as just the employee’s contributions.

In some cases, employers may contribute on a vesting schedule. That’s where it gets tricky: unvested employer contributions are not always divided or may be forfeited if the employee leaves early. Make sure your QDRO excludes unvested funds unless the participant is fully vested.

Vesting and Forfeitures

Because plan details like vesting schedules are not publicly available, it’s essential to get a copy of the Summary Plan Description (SPD) or request a balance breakdown from the plan administrator. This ensures you’re not assigning funds the participant may eventually lose.

Loan Balances

If there is a loan against the participant’s 401(k) account, the QDRO must address it. You have two options:

  • Divide the account net of the loan (subtracting loan balance first)
  • Divide the account as if there were no loan, meaning the alternate payee takes a share of the gross balance and the participant keeps the loan obligation

Most divorcing spouses aren’t aware of this choice. A poor drafting decision here could significantly reduce the intended benefit to the alternate payee.

Roth vs. Traditional 401(k) Subaccounts

The Soar Restaurants V, LLC 401(k) Plan may allow Roth contributions, which are taxed differently from traditional 401(k) funds. Your QDRO should spell out how to divide each type, since Roth funds are generally not taxed on distribution (if certain conditions are met), while traditional funds are.

It’s important the QDRO doesn’t mix them up. If your share includes both types, each should be listed separately to maintain their tax characteristics.

How the QDRO Process Works

At PeacockQDROs, we take the guesswork out of QDROs. Here’s how we manage the entire process:

  • Review your divorce judgment and plan information
  • Draft the QDRO specific to the Soar Restaurants V, LLC 401(k) Plan
  • Submit the draft to the plan administrator for pre-approval (if the plan allows)
  • Guide you through getting it signed and filed with the court
  • Return the signed and certified QDRO to the plan for final processing

Many firms only prepare the document and then leave it to you to navigate the rest. We don’t do that. We make sure every step is handled properly from start to finish. That’s why we maintain near-perfect reviews and a reputation for doing things the right way.

Common QDRO Mistakes to Avoid

Working with many plans has taught us where people often go wrong. If you’re dividing the Soar Restaurants V, LLC 401(k) Plan in divorce, don’t make these costly mistakes:

  • Failing to specify whether the loan balance is included or excluded
  • Not addressing Roth vs. Traditional account types separately
  • Attempting to divide non-vested funds
  • Failing to factor in market gains or losses
  • Letting the plan administrator reject the order due to missing information (like EIN or Plan Number)

To learn more about what to avoid, check out our guide onQDRO resources orreach out for personalized help if you’re in one of our service states.

William Willie Peacock, Esq.
Your Attorney
William “Willie” Peacock, Esq.
QDRO & Retirement Division Attorney

Willie has handled hundreds of QDROs, been named as a stipulated or court-appointed expert in hundreds of orders, testified as an expert witness on QDROs and state government pension survivor benefits, and taught CLEs on QDROs, legal ethics, and military pensions. He is a three-time ABA award-winning legal author and secured a victory before the North Dakota Supreme Court. Full bio →

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