Dividing the Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust in Divorce
When couples divorce, one of the most valuable marital assets to divide is often a 401(k) plan. But dividing retirement accounts like the Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust requires more than just an agreement between spouses—it takes a court-approved Qualified Domestic Relations Order (QDRO). If your spouse has contributed to this specific plan, you’ll need to follow special procedures to divide it properly without triggering taxes or penalties.
At PeacockQDROs, we know the QDRO process inside and out. We don’t just draft the order—we walk it through each stage: drafting, pre-approval (if required), court filing, submission, and follow-up with the plan administrator. We’ve successfully completed thousands of QDROs and maintain near-perfect reviews, because we do it the right way, from start to finish. Let’s help you understand what dividing this plan entails.
Plan-Specific Details for the Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust
To properly divide a retirement plan, it’s important to know exactly which plan you’re dealing with. Here’s what we know about the Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust:
- Plan Name: Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust
- Sponsor Name: Aerotek affiliated services, Inc.. previously known as aerotek, Inc..
- Organization Type: Corporation
- Industry: General Business
- Address: 7301 Parkway Drive
- Effective Date: Unknown
- Status: Active
- Plan Year: Unknown to Unknown
- EIN & Plan Number: Unknown (required for QDRO—ask the plan administrator for these)
- Participants: Unknown
- Assets: Unknown
Without the plan number and EIN, your QDRO won’t be accepted, so be sure to obtain this information early. PeacockQDROs can assist if you’re struggling to get plan identifiers—this is a common roadblock, and we know how to work through it.
Understanding QDROs for the Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust
A QDRO is a court order that instructs the plan administrator to divide retirement account assets between the plan participant (typically your ex-spouse) and an alternate payee (often you). Each plan has specific rules, especially for 401(k) plans offered by corporate employers like Aerotek affiliated services, Inc.. previously known as aerotek, Inc..
Why a QDRO is Required
Even if your divorce decree clearly states you’re entitled to a share of the Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust, you won’t be able to receive your portion unless a QDRO is properly prepared and approved by the plan. Without a QDRO, any distributions may be treated as unauthorized or taxed—and could even trigger early withdrawal penalties.
Special Considerations for 401(k) Division
401(k) plans have unique features that must be considered when drafting a QDRO. Here’s how that applies to the Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust:
1. Employee vs. Employer Contributions
One major issue is how to handle the different contribution sources. This plan likely includes both employee deferrals (your ex’s paycheck contributions) and employer matching or prevailing wage contributions.
Usually, QDROs divide the entire balance as of a specific date, but it’s important the order clearly state whether the alternate payee is entitled to both employee and employer contributions. In some cases, unvested employer contributions may not be dividable.
2. Vesting Schedules and Forfeitures
401(k) plans often have vesting schedules for employer contributions. If your ex isn’t fully vested, some of those funds may not be available to divide.
This is especially important in prevailing wage plans like this one, because employer contributions may be made based on specific job classifications or government contract requirements. Your QDRO should account for this and specify whether you’re awarded a percentage of only vested funds—or the entire balance, with adjustments for any future vesting forfeitures.
3. Outstanding Loans
If your ex took out a loan against their 401(k), it doesn’t reduce the account balance shown on the statement—but it can delay or reduce your payout.
Some QDROs require the loan to be repaid before calculating your share, while others divide the net account balance after subtracting the loan. You’ll need to specify how loans should be handled in the QDRO. At PeacockQDROs, we help you make sure your order addresses this clearly—plan administrators won’t assume anything.
4. Roth vs. Traditional 401(k) Accounts
Another complexity: the Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust may include both traditional (pre-tax) and Roth (post-tax) 401(k) balances. These are taxed differently, and your QDRO should split the account proportionally—or clarify if only one account type is to be divided.
Many attorneys overlook this distinction, which can lead to major tax confusion after the QDRO is implemented. We recommend splitting all types of balances proportionally unless there’s a specific agreement otherwise.
Steps to Complete a QDRO for the Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust
If you need to divide this plan, here’s what to expect:
- Gather documents: Get your divorce judgment, any marital settlement agreements, and the participant’s most recent account statement.
- Contact the plan: Ask for the QDRO procedures, sample language (if available), and the plan’s EIN and plan number.
- Draft the QDRO: This must align with your divorce agreement and follow specific 401(k) plan rules.
- Submit for preapproval (if offered): Some plans will review the draft QDRO before you file it in court. This step helps avoid rejections.
- Get court approval: File the QDRO in the same court that handled your divorce.
- Submit final order to the plan: Once signed by a judge, send it to the administrator, along with any required forms.
- Follow up: The plan typically takes 30–90 days to implement the order. Funds can be rolled to an IRA or withdrawn (taxable if taken as cash).
Learn more about our full-service QDRO process at PeacockQDROs.
Common Mistakes to Avoid
Avoiding errors is critical in QDROs—especially with a complex 401(k) like this one. Here are a few common mistakes we often see:
- Failing to specify how loans are handled
- Not clarifying division of pre-tax vs. Roth funds
- Using vague language like “half the account” with no valuation date
- Assuming plan will cover unvested contributions
- Leaving out earnings and losses from the division calculation
See more QDRO mistakes and how to avoid them at our Common QDRO Mistakes page.
How Long Will It Take?
QDRO timing varies by state, plan, and court availability. Most take between 60 and 180 days from start to finish. Learn more about the five key timing factors on our page: How Long It Takes to Get a QDRO Done.
Need Help with Your QDRO?
Trying to divide the Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust on your own can be risky. At PeacockQDROs, we help clients across the country prepare and finalize QDROs the right way. We coordinate all steps from start to finish, communicate with plan administrators, and help ensure there are no surprises down the road.
We’ve drafted and completed thousands of QDROs… not just the paperwork, but the entire process. That’s what sets us apart.
Ready to Move Forward?
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 Aerotek, Inc.. Prevailing Wage 401(k) Plan & Trust, 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.