Understanding the Sunrise Senior Living 401(k) Plan
The Sunrise Senior Living 401(k) Plan, sponsored by Sunrise senior living, LLC, is an employer-sponsored retirement plan offered to employees working in the general business sector. As a 401(k) plan, it allows participants to set aside pretax earnings and, in many cases, receive matching or additional contributions from the employer. However, in a divorce, dividing this type of plan requires careful planning—particularly through a Qualified Domestic Relations Order (QDRO).
Divorcing spouses need to understand how to properly divide the Sunrise Senior Living 401(k) Plan in accordance with federal regulations and plan-specific procedures. Failing to handle the process correctly can result in costly delays or forfeiture of benefits. At PeacockQDROs, we’ve helped thousands of individuals complete QDROs from start to finish—drafting, filing, and following through to plan approval—and we’re here to help you avoid mistakes and protect your share.
Plan-Specific Details for the Sunrise Senior Living 401(k) Plan
- Plan Name: Sunrise Senior Living 401(k) Plan
- Sponsor: Sunrise senior living, LLC
- Plan Address: 7902 WESTPARK DRIVE
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Plan Status: Active
- Plan Type: 401(k)
- Plan Number: Unknown
- EIN: Unknown
- Participants: Unknown
- Industry: General Business
- Organization Type: Business Entity
Because the EIN and Plan Number are not publicly listed, you may need to contact Sunrise senior living, LLC or the plan administrator to obtain them. These are required when preparing the QDRO and submitting it properly.
How QDROs Work for the Sunrise Senior Living 401(k) Plan
A QDRO is a court order required to divide qualified retirement accounts like the Sunrise Senior Living 401(k) Plan without triggering taxes or early withdrawal penalties. The QDRO must be approved by both the family court and the plan administrator. Importantly, each plan has its own rules and administrative process, and the Sunrise Senior Living 401(k) Plan is no exception.
What a QDRO Can Do
- Assign a portion of the participant’s account balance to the alternate payee (usually the former spouse)
- Allow the alternate payee to roll over their share to their own IRA or keep it in the plan, depending on the plan’s procedures
- Split pretax and Roth balances proportionally or specifically, if permitted
- Address loan balances, including whether the alternate payee shares the obligation
Failing to handle these factors correctly can result in unfair outcomes or rejected orders.
Key Considerations When Dividing a 401(k) Plan in Divorce
Employee and Employer Contributions
Employee contributions to the Sunrise Senior Living 401(k) Plan are typically 100% vested, meaning they belong to the participant as soon as they’re made. Employer contributions, on the other hand, may have a vesting schedule. This means only a portion of the employer’s contributions may be considered marital property depending on how long the employee worked for Sunrise senior living, LLC.
Unvested employer contributions can create complications. If not yet vested at the time the QDRO is submitted, they may be excluded from the division, unless the order specifically accounts for them becoming vested later. Make sure your attorney drafts language addressing vested and unvested assets separately.
Vesting Schedules and Forfeitures
If the plan participant terminates employment before fully vesting in employer contributions, the unvested amounts may be forfeited entirely. It’s essential to understand what percentage of employer contributions are vested and include this breakdown in the QDRO if necessary.
Loan Balances
If the participant has borrowed against their Sunrise Senior Living 401(k) Plan, this must be factored into the division. The QDRO should clearly define whether the alternate payee’s share is calculated before or after subtracting the outstanding loan. Loan balances do not transfer to the alternate payee, but they can reduce the plan’s value to be divided if not addressed clearly in the order.
Roth vs. Traditional Balances
401(k) plans can include both traditional (pretax) and Roth (after-tax) contributions. These accounts are taxed differently at withdrawal, so it’s important for the QDRO to separately allocate Roth and traditional funds. This ensures that the tax consequences are clear to both parties and aligned with the divorce agreement.
Common Mistakes to Avoid
We see the same problems over and over again—and many are avoidable. These are the most frequent mistakes when dividing plans like the Sunrise Senior Living 401(k) Plan:
- Failing to request the QDRO immediately after the divorce is final
- Assuming all contributions are equally vested
- Not accounting for loan balances or Roth account distinctions
- Using the wrong plan name, number, or failing to include the EIN
- Trying to submit a QDRO without pre-approval from the plan administrator when required
Want to avoid mistakes? Start here: Common QDRO Mistakes.
Preapproval and Plan Administrator Requirements
The Sunrise Senior Living 401(k) Plan may require preapproval by the plan administrator before filing the QDRO with the court. Even if it’s not required, we recommend submitting a draft to ensure approval and avoid rejections. Our team at PeacockQDROs handles this part of the process for you—including coordinating with the plan administrator directly.
For guidance on timelines and what affects QDRO completion, visit: QDRO Timing Factors.
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 maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. Whether you’re just starting the process or dealing with a rejected QDRO, we can help.
Take the first step here: Learn About Our QDRO Services or Get in Touch.
If You’re in a Covered State—Take Action Now
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 Sunrise Senior Living 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.