Dividing retirement assets during divorce can be one of the most financially impactful parts of a property settlement. When the retirement asset is a 401(k) plan like The Point Group Savings Plan, the division must be done through a Qualified Domestic Relations Order, or QDRO. A QDRO allows a retirement plan administrator to legally pay a portion of the account to an ex-spouse, called the “Alternate Payee.” Without a QDRO, the non-employee spouse has no access rights—even if the divorce decree says they are entitled.
Each retirement plan has different rules and procedures, and drafting a QDRO for The Point Group Savings Plan—sponsored by The point group, Inc..—requires a plan-specific approach. Below, we explain how the QDRO process works for this particular plan and what divorcing couples need to watch for.
When preparing a QDRO, it’s important to understand the specific features of the plan in question. Here’s what we know about The Point Group Savings Plan:
It’s important to confirm the plan name, sponsor, and plan number when drafting your QDRO. If the EIN or plan number is missing, your QDRO could be rejected. At PeacockQDROs, we assist clients in retrieving plan-specific identifiers to be sure the order is accepted the first time.
401(k) plans like The Point Group Savings Plan present unique challenges in divorce, especially when it comes to handling employer contributions, loans, and Roth subaccounts. Here’s what you need to consider:
Most 401(k) plans are funded by a combination of employee deferrals and employer contributions. Sometimes, only the employee contributions are vested (owned by the participant), while employer contributions can be subject to a vesting schedule. That means your client—or their ex-spouse—may not be entitled to the full account balance if not fully vested at the time of divorce or QDRO processing.
If employer contributions have not fully vested, those portions can be forfeited. This can drastically alter the value of what each spouse is entitled to. A well-drafted QDRO should define whether the division includes only vested funds or the full balance, and account for any future vesting or forfeiture. We often advise inserting protective language that defines how unvested funds should be treated down the line.
Many participants in The Point Group Savings Plan may have taken loans against their 401(k). That debt matters. The key question: Does the QDRO split the total balance including the loan (gross) or excluding the loan (net)? We recommend being very specific. If not addressed, the alternate payee could get less than expected—receiving a share of a smaller “net” balance.
In some cases, we can defer loan repayment obligations to the participant or agree on a different method depending on the divorce settlement.
The Point Group Savings Plan may contain both traditional (pre-tax) and Roth (after-tax) balances. These account types differ in how they are taxed upon withdrawal. A QDRO should either divide the account pro rata across both types or specify what portion comes from each. Failing to do so can result in unintended tax consequences for the alternate payee.
For The Point Group Savings Plan, you’ll need to follow a structured process to ensure the QDRO is accepted. Here’s a typical step-by-step breakdown when using our full-service process:
At PeacockQDROs, we’ve completed many 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 frequently see issues that delay or derail QDRO acceptance. Here are a few to watch for:
We’ve highlighted more about these pitfalls and ways to protect yourself on ourCommon QDRO Mistakes page.
Whether The Point Group Savings Plan is your only retirement asset or just one of several, you need to do things the right way—from identifying vested amounts to understanding loan impacts. If you’re working with a judgment or divorce settlement that divides this plan, hiring a QDRO attorney who understands the nuances of 401(k)s in the corporate sector is crucial.
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. You can read more about our process or get started by reviewing the5 factors that determine how long it takes to get a QDRO done.
Dividing a retirement account like The Point Group Savings Plan isn’t a simple matter of splitting the dollar amount in half. The details matter—from vesting and taxation to loan treatment and underlying account types. Getting it right the first time avoids years of potential problems and lost retirement money.
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 Point Group Savings Plan, contact PeacockQDROs. We focus on QDROs and have successfully processed many orders from start to finish.
Get the answers you need—explore ourQDRO resources orreach out for personalized help if you’re in one of our service states.
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 →
