Understanding QDROs and Their Role in Divorce
When couples go through a divorce, dividing retirement assets often becomes one of the most technically challenging parts of the settlement. For anyone with an interest in the Franchise Group, Inc. 401(k) Plan, it’s critical to use a Qualified Domestic Relations Order (QDRO) to ensure benefits are divided legally and correctly.
A QDRO is a legal order that allows a retirement plan to pay a portion of benefits to an alternate payee, usually the former spouse. But not all QDROs are the same. Each plan—including the Franchise Group, Inc. 401(k) Plan—has its own rules, procedures, and quirks you need to consider during divorce.
Plan-Specific Details for the Franchise Group, Inc. 401(k) Plan
Before drafting a QDRO, you must gather essential plan information. Here’s what we know about the Franchise Group, Inc. 401(k) Plan:
- Plan Name: Franchise Group, Inc. 401(k) Plan
- Sponsor: Franchise group, Inc. 401(k) plan
- Address: 109 Innovation Court, Suite J
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Plan Number: Unknown
- EIN: Unknown
- Industry: General Business
- Organization Type: Corporation
- Status: Active
Despite the lack of public details regarding plan number and EIN, this plan is active and operates within a corporate environment in the General Business sector. As a participant or alternate payee, you’ll still need the plan number and EIN for proper QDRO preparation, which can usually be obtained from the plan administrator or HR department.
Key QDRO Considerations for the Franchise Group, Inc. 401(k) Plan
Divide by Contributions or Account Balance
The Franchise Group, Inc. 401(k) Plan likely includes both traditional pre-tax and Roth after-tax accounts. Your QDRO must clarify:
- Whether the division applies to just traditional funds, Roth funds, or both
- Whether gains and losses should be included after the division date
For example, you may award the alternate payee 50% of the participant’s total 401(k) account as of a specific date, including subsequent earnings. Always specify account types and cut-off dates to avoid confusion later.
Handling Employer Contributions and Vesting
Since this is a corporate-sponsored plan, it probably includes employer matching or profit-sharing. But not all of those contributions may be fully vested. Your QDRO must take the vesting schedule into account.
If the participant is not fully vested in the employer’s contributions at the time of divorce, the alternate payee can only receive the vested portion. If that percentage changes later, the QDRO should clearly state how to handle any vesting that happens after the division date. This avoids disputes and unnecessary amendments.
What About Loans?
If the participant has an outstanding loan under the Franchise Group, Inc. 401(k) Plan, that balance will reduce the net value of the account. Some QDROs divide plan assets before subtracting loans; others divide what’s actually available net of any loan.
This choice matters if the alternate payee is expecting a certain dollar amount. Be clear in your order: does the 50/50 division apply before or after subtracting loan balances? That decision can swing the final payout by thousands of dollars.
Roth vs. Traditional 401(k) Assets
Some participants may have multiple account types—particularly if they’ve opted into Roth 401(k) contributions. A well-drafted QDRO for the Franchise Group, Inc. 401(k) Plan must account for each type separately to prevent tax mishaps.
- Distributions from Roth accounts are generally tax-free if qualified
- Non-Roth (traditional) distributions are typically taxable to the alternate payee
To keep records clean and tax liabilities clear, ask the plan administrator to confirm each account’s components before finalizing your QDRO terms.
Common Mistakes to Avoid
QDROs for 401(k)s, especially in plans like the Franchise Group, Inc. 401(k) Plan, often get derailed by avoidable errors. Here are some common pitfalls:
- Failing to confirm the plan’s official name and sponsor details
- Assuming all account balances are 100% vested
- Omitting clear instructions for handling loans
- Not specifying if earnings/losses apply after the division date
- Overlooking Roth account distinctions
To avoid these and similar issues, review our full list of common QDRO mistakes here.
Timing Matters: Start Early
Many people don’t realize how long the QDRO process can take. Between drafting, pre-approval (if applicable), court entry, and administrator review, the process often stretches several months.
We put together a detailed breakdown of the five key factors that affect QDRO processing time. Starting early can prevent post-divorce delays and unnecessary legal costs.
The PeacockQDROs Difference
At PeacockQDROs, we’ve completed thousands of QDROs from start to finish. That means we don’t just draft the order and leave you to figure out the rest. We handle the drafting, preapproval (if applicable), court filing, submission, and follow-up with the plan administrator. That’s what sets us apart from firms that only prepare the document and hand it off to you.
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. If you’re dividing the Franchise Group, Inc. 401(k) Plan during your divorce, getting experienced guidance is not a luxury—it’s a necessity.
To get started or ask questions, visit our main QDRO page here.
Final Tips for Dividing the Franchise Group, Inc. 401(k) Plan
- Obtain current plan statements and verify all account types
- Determine the participant’s vesting status at the division date
- Ask about any outstanding loans or pending contributions
- Have your QDRO include walkthrough clauses to address earnings, forfeitures, and taxes
- Make sure the plan administrator has reviewed the draft before final signature
Conclusion
Dividing a 401(k) might seem simple on the surface—but plans like the Franchise Group, Inc. 401(k) Plan come with specific technical and administrative issues that can turn into big problems if not handled correctly. Whether it’s Roth balances, unpaid loans, or employer matching funds, don’t take shortcuts. Get it right the first time.
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 Franchise Group, Inc. 401(k) 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.