Understanding the Stanley Black & Decker Retirement Account Plan in Divorce
If you or your spouse participates in the Stanley Black & Decker Retirement Account Plan, and you’re going through a divorce, you’ll need to get familiar with how Qualified Domestic Relations Orders (QDROs) work. QDROs are essential to ensure proper division of retirement benefits after divorce—and making a mistake can cost you thousands or delay your payment for years.
This article walks you through the specific QDRO considerations for the Stanley Black & Decker Retirement Account Plan, especially since it’s a 401(k) plan sponsored by a major employer—Stanley black & decker, Inc. We’ll break down common plan features like vesting, contributions, loans, and Roth vs. traditional account rules—all from a QDRO perspective. Let’s make sure you understand your rights, avoid costly mistakes, and protect your financial future.
What Is a QDRO and Why Do You Need One?
A Qualified Domestic Relations Order (QDRO) is a special court order required to legally divide certain retirement plans such as 401(k)s in a divorce. Without a QDRO, the plan administrator of the Stanley Black & Decker Retirement Account Plan cannot pay benefits directly to an ex-spouse (called an “alternate payee”).
A QDRO specifies the amount or percentage of the plan to be given to the alternate payee, when it should be paid, and how it should be treated—for example, whether the distributions will be rolled into another retirement account or distributed in cash.
Plan-Specific Details for the Stanley Black & Decker Retirement Account Plan
- Plan Name: Stanley Black & Decker Retirement Account Plan
- Sponsor: Stanley black & decker, Inc.
- Plan Address: 1000 Stanley Drive
- Plan Type: 401(k) Plan
- Industry: General Business
- Organization Type: Corporation
- Plan Effective Date: 1984-01-01
- Plan Status: Active
- EIN: Unknown (required for QDRO submission)
- Plan Number: Unknown (also required)
While the EIN and Plan Number are listed as “unknown” here, these are essential for creating a valid QDRO. At PeacockQDROs, we already have these details on file from previous successful filings with the Stanley Black & Decker Retirement Account Plan and can include them in your QDRO to ensure fast processing.
Key QDRO Considerations for This 401(k) Plan
401(k) plans have their own unique challenges when it comes to QDROs, and the Stanley Black & Decker Retirement Account Plan is no exception. Here are the top issues divorcing spouses need to understand before drafting the order.
1. Employee vs. Employer Contributions
The Stanley Black & Decker Retirement Account Plan includes both employee elective deferrals and employer matching or discretionary contributions. The QDRO should clearly state whether it applies to:
- Only employee contributions
- Only vested employer contributions
- Both employee and employer contributions
Employer contributions may be subject to a vesting schedule, so it’s important to verify what was vested as of the date of divorce (or another agreed-upon date like the date of separation). The plan administrator determines what portion is vested, and only vested amounts can be assigned to the alternate payee.
2. Vesting Schedules and Forfeited Amounts
Many 401(k) plans—including the Stanley Black & Decker Retirement Account Plan—apply a vesting schedule to employer contributions. If the participant hasn’t met certain service requirements, they may forfeit a portion of the employer-funded benefits.
A common mistake is attempting to award 50% of the entire account balance regardless of vesting. This can cause rejection of the QDRO or underpayment to the alternate payee. Instead, the QDRO should specify whether it applies:
- Only to vested amounts
- To a fixed dollar amount or percentage (as of a particular valuation date)
PeacockQDROs takes extra care to confirm vesting with the plan and draft accordingly—avoiding one of the most frequent QDRO rejection issues.
3. Outstanding Loan Balances
What if the participant has taken out a 401(k) loan? The Stanley Black & Decker Retirement Account Plan may allow account loans, and they can significantly reduce the amount available for division.
A proper QDRO needs to specify whether the alternate payee’s share includes or excludes the loan balance. If the value assigned is reduced by the loan, the alternate payee may receive less than expected. On the other hand, if the alternate payee is entitled to a percentage of the account “with loan included,” the loan stays the participant’s responsibility.
Each approach affects how much the alternate payee will actually receive—and we clarify this with the client and in the order before submission.
4. Roth vs. Traditional 401(k) Accounts
Does the Stanley Black & Decker Retirement Account Plan include both traditional and Roth 401(k) accounts for participants? If so, it’s critical that the QDRO specify how the alternate payee’s portion is to be divided between them.
Roth 401(k)s have different tax treatment (tax-free distributions after retirement age), whereas traditional 401(k)s are tax-deferred (you pay when you take the money out). Mixing up these account types in a QDRO can lead to major tax issues and processing delays.
A well-crafted QDRO for the Stanley Black & Decker Retirement Account Plan will acknowledge this and properly allocate percentages or dollar amounts based on contribution type.
Why Experience Matters—Especially With Large Employer Plans
Large corporate retirement plans like the Stanley Black & Decker Retirement Account Plan often have internal rules and formats that must be followed. Submitting a QDRO that doesn’t meet their standards leads to rejection, delays, and unnecessary legal expense.
At PeacockQDROs, we’ve prepared and processed thousands of QDROs—including for plans just like this. We don’t just draft the document and send you on your way. We handle the full QDRO process:
- Drafting the QDRO based on your unique agreement
- Submitting it for preapproval (if allowed by the plan)
- Coordinating with attorneys and court staff to enter the order
- Sending the final approved order to the plan administrator
- Following up until the benefits are divided and payable
That’s what sets us apart. We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way.
What to Include in Your QDRO
Here are some essentials for a successful QDRO submission to the Stanley Black & Decker Retirement Account Plan:
- The full legal name of the plan: Stanley Black & Decker Retirement Account Plan
- The plan sponsor: Stanley black & decker, Inc.
- The plan’s address: 1000 Stanley Drive
- Correct employee and alternate payee identifying information
- Clear statement of percentages or dollar amount assigned
- Loan balance treatment
- Whether the division includes pre-tax, Roth, or both account types
You’ll also need the Plan Number and EIN—both required. If you don’t know them, we can provide them as part of your QDRO service.
FAQs About QDROs and the Stanley Black & Decker Retirement Account Plan
Does the plan accept preapproved QDROs?
Yes, in many cases large employers like Stanley black & decker, Inc. allow for preauthorization. This reduces the chance of rejection once the order is court-approved. At PeacockQDROs, we check this and submit if permitted.
Can the alternate payee roll over funds?
Yes, funds from the Stanley Black & Decker Retirement Account Plan can typically be rolled into the alternate payee’s IRA or retirement plan to preserve tax-deferred status.
How long does the QDRO process take?
That varies based on the court, the plan’s review process, and how quickly you act. There are 5 key factors that affect timing. We expedite where we can.
What’s the most common mistake?
Incorrect loan handling, unclear division terms, or not addressing Roth accounts are routine issues. See our common QDRO mistakes page for more insights.
Next Steps for Dividing the Stanley Black & Decker Retirement Account Plan
If you need a QDRO for the Stanley Black & Decker Retirement Account Plan, you’re in the right place. Our legal team works with divorcing individuals and attorneys across the country to ensure their retirement plans are divided correctly, efficiently, and in compliance with plan rules.
Check out our QDRO resources or contact us with your questions—we’re happy to help.
Call to Action
If your divorce was in California, New York, New Jersey, Connecticut, Kansas, Missouri, Iowa, or North Dakota, and you have questions about qualified domestic relations orders or dividing retirement assets like the Stanley Black & Decker Retirement Account Plan, contact PeacockQDROs. We specialize in QDROs and have successfully processed thousands of orders from start to finish.
Get the answers you need—explore our QDRO resources or reach out for personalized help if you’re in one of our service states.