Understanding How QDROs Work for The Fidelity National Financial Group 401(k) Profit Sharing Plan
Dividing retirement assets in a divorce isn’t always straightforward, especially when it comes to workplace retirement plans like The Fidelity National Financial Group 401(k) Profit Sharing Plan. If your spouse participated in this plan through their employment with Fidelity national financial, Inc., you’ll need a Qualified Domestic Relations Order—commonly known as a QDRO—to legally split those retirement savings.
This guide will walk you through what you need to know about qualified domestic relations orders (QDROs) as they apply to The Fidelity National Financial Group 401(k) Profit Sharing Plan, including what makes it unique, how loan balances, vesting schedules, and Roth accounts affect your division, and how to avoid costly mistakes in the process.
What Is a QDRO?
A Qualified Domestic Relations Order (QDRO) is a legal order that allows retirement plan assets to be divided during divorce without triggering early withdrawal penalties or taxes. A QDRO names the alternate payee (typically the non-employee spouse) and specifies how much of the retirement benefit they are entitled to receive.
For employer-sponsored plans like The Fidelity National Financial Group 401(k) Profit Sharing Plan, this order must meet specific federal and plan administrator requirements to be accepted and processed. That’s where attention to detail makes a big difference.
Plan-Specific Details for the The Fidelity National Financial Group 401(k) Profit Sharing Plan
Understanding the plan’s characteristics will help you or your attorney properly draft the QDRO. Here’s what we know about The Fidelity National Financial Group 401(k) Profit Sharing Plan:
- Plan Name: The Fidelity National Financial Group 401(k) Profit Sharing Plan
- Sponsor: Fidelity national financial, Inc.
- Address: 601 Riverside Avenue
- Plan Dates: Operates on a calendar year (2024-01-01 to 2024-12-31)
- Plan Established: January 1, 1990
- Employer Type: Corporation
- Industry: General Business
- Plan Status: Active
- Employee Participation, Assets, EIN, and Plan Number: Currently unknown (but required at the time of QDRO submission)
This plan is an employer-sponsored 401(k) with a profit-sharing component. That means it may include both employee contributions (pre-tax and/or Roth) and employer contributions—all of which have different implications for division.
Key Issues When Dividing The Fidelity National Financial Group 401(k) Profit Sharing Plan
1. Employee vs. Employer Contributions
Employees fund their 401(k) accounts through salary deferrals. These are always 100% vested. However, employer contributions—such as profit-sharing or match contributions—may be subject to a vesting schedule. Only the vested portion of the account can typically be divided in a QDRO.
When drafting a QDRO for The Fidelity National Financial Group 401(k) Profit Sharing Plan, it’s important to determine:
- How much of the employer-contributed funds are vested as of the “valuation date” (often the divorce or separation date)
- Whether the alternate payee will receive a fixed dollar amount or a percentage of the account
2. Understanding Vesting Schedules
Fidelity national financial, Inc. may apply a graded or cliff vesting schedule. This schedule affects how much of the employer’s contributions a participant owns based on years of service. For example, with a five-year graded vesting schedule, a participant might be 20% vested after one year, and 100% after five.
The QDRO should specify that only the vested portion is subject to division—any unvested amounts may be forfeited. This is a critical financial detail for the alternate payee to understand.
3. Identifying and Handling Loan Balances
A lesser-known but critical factor is the presence of outstanding loan balances in the participant’s 401(k). If the participant borrowed from their retirement account, it reduces the account’s value and affects what’s divisible.
The QDRO must clarify whether the alternate payee’s share is calculated before or after subtracting the loan balance. For example:
- Before reduction (gross value)—alternate payee receives their full share without loan liability
- After reduction (net value)—alternate payee gets less due to outstanding debt
This decision should be explicitly stated in the QDRO based on your divorce agreement.
4. Traditional vs. Roth 401(k) Accounts
The Fidelity National Financial Group 401(k) Profit Sharing Plan may include Roth contributions in addition to traditional pre-tax deferrals. These two account types have distinct tax treatments:
- Traditional 401(k): Distributions are taxed to the alternate payee upon withdrawal.
- Roth 401(k): Qualified distributions may be tax-free to the alternate payee, assuming IRS rules are met.
If both types of contributions exist, the QDRO should allocate the appropriate percentage or dollar amount from each. Sending a lump sum out of the wrong source could create unintended tax consequences.
Best Practices for Dividing This Plan
Getting the QDRO right takes more than just filling out a form. Here are key best practices when dividing The Fidelity National Financial Group 401(k) Profit Sharing Plan:
- Request a copy of the Summary Plan Description (SPD) and QDRO procedures from Fidelity national financial, Inc.
- Specify a clear valuation date (e.g., date of divorce or separation)
- Clarify how investment gains and losses after that date apply to the alternate payee’s portion
- State how loan balances should be treated
- Differentiate between Roth and traditional contributions if applicable
How Long Does the QDRO Process Take?
Many people are surprised by how long the QDRO process can take. From drafting to preapproval, then court filing, and submission to the plan administrator—it can span months if not handled properly. We’ve outlined key timing factors here: 5 things that affect QDRO timing.
How PeacockQDROs Can Help
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’ve seen the pitfalls—like orders rejected because of vague language or entire benefits lost due to improper division. That’s why we do it the right way, every time. We maintain near-perfect reviews and pride ourselves on a track record of getting QDROs done right.
Check out our full list of common mistakes to avoid in a QDRO.
You can begin your QDRO process or learn more here: PeacockQDROs QDRO Services
Conclusion
Dividing The Fidelity National Financial Group 401(k) Profit Sharing Plan in a divorce requires precision, especially with possible employer vesting schedules, participant loan balances, and multiple account types. A properly drafted QDRO ensures both parties receive their fair share while avoiding surprise taxes, penalties, or delays.
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 The Fidelity National Financial Group 401(k) Profit Sharing 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.