Introduction
Dividing retirement plans in divorce is never simple, especially when you’re dealing with a 401(k) like the Hollstadt Consulting Retirement Savings Plan. If you or your former spouse worked with Hollstadt & associates, Inc., then the plan in question must be divided correctly using a qualified domestic relations order, or QDRO.
At PeacockQDROs, we’ve completed thousands of QDROs from start to finish. That means we don’t just write the order—you can count on us for drafting, submission, court filing, and direct follow-up with the plan administrator. That’s what sets us apart from services that drop the ball after the draft.
This article will walk you through how distribution works with the Hollstadt Consulting Retirement Savings Plan during a divorce, common issues you must watch out for, and key plan-specific facts you’ll need for a successful QDRO.
What Is a QDRO and Why Do You Need One?
A qualified domestic relations order (QDRO) is a legal document that allows a retirement plan to pay benefits to an alternate payee—usually a former spouse—without triggering early withdrawal penalties or tax issues for the participant.
Without a QDRO, the division of the Hollstadt Consulting Retirement Savings Plan is not legally enforceable against the plan. A divorce decree or marital settlement agreement by itself isn’t enough to divide this particular 401(k) plan.
Plan-Specific Details for the Hollstadt Consulting Retirement Savings Plan
- Plan Name: Hollstadt Consulting Retirement Savings Plan
- Sponsor: Hollstadt & associates, Inc..
- Address: 1305 CORPORATE CENTER DRIVE
- Plan Year: Unknown to Unknown
- Status: Active
- Effective Date: Unknown
- Plan Number: Unknown
- EIN: Unknown
- Industry: General Business
- Organization Type: Corporation
- Participants: Unknown
- Assets: Unknown
Key Considerations When Dividing This 401(k) in Divorce
Employee vs. Employer Contributions
The Hollstadt Consulting Retirement Savings Plan includes both employee deferrals and employer contributions. In a QDRO, it’s essential to specify whether the alternate payee is receiving a portion of:
- Just the employee contributions
- Employee and vested employer contributions
- All plan assets accrued during marriage, including earnings
If either party made contributions before marriage or after separation, those amounts may be excluded depending on your state’s marital property laws and how the QDRO is drafted.
Vesting and Forfeitures
401(k) plans often have vesting schedules on employer contributions. If the divorce occurs before the participant has vested fully, the alternate payee may only be entitled to a portion—or none—of those funds.
The QDRO should clarify that the alternate payee will only receive vested amounts, and what should happen if contributions become vested down the road.
Loan Balances
If the participant has taken a loan from the Hollstadt Consulting Retirement Savings Plan, the outstanding balance reduces the net account value. This must be carefully handled in the QDRO.
- You can draft the QDRO to split the account net of any loans
- Or base the division on the account’s gross value before loan deductions
The plan administrator’s policy on allocating loan obligations may affect your options. Always get confirmation before finalizing the QDRO language.
Roth vs. Traditional Dollars
Many 401(k) plans include Roth and pre-tax (traditional) subaccounts. These need to be divided proportionately or specifically according to marital agreements.
If the alternate payee is awarded $50,000, for example, should it come equally from Roth and traditional funds, or all from one type? Your QDRO must spell that out clearly.
QDRO Drafting Tips for This Plan
Be Specific About Timing
The date of division should match the valuation date—typically the date of divorce or separation. The plan administrator for the Hollstadt Consulting Retirement Savings Plan may not calculate values based on other arbitrary dates unless clearly specified.
Account for Gains and Losses
Specify whether the alternate payee should receive investment earnings or losses from the date of division until the date of distribution. Most modern QDROs for 401(k) plans include this, but some older templates do not.
Avoid Common Mistakes
Check out our common QDRO mistakes guide to avoid issues like incorrect names, missing plan details, or language that doesn’t match the plan’s procedures.
Documentation Requirements
Because this plan’s EIN and plan number are currently unspecified in public records, you’ll need to obtain those from Hollstadt & associates, Inc. or directly from your divorce disclosures. These are critical identifiers that must be correctly included in the QDRO for it to be accepted by the plan administrator.
Additionally, you may need to submit:
- A conformed copy of your divorce decree or marital settlement agreement
- Disclosure of current plan value and any outstanding loans
- Participant and alternate payee identifying information (SSN, address)
Next Steps: Getting the QDRO Done Right
Some attorneys and services stop at drafting the QDRO—then leave you to figure out court procedures and how to get it into the hands of the plan administrator. Not us.
At PeacockQDROs, we follow through on the entire process for the Hollstadt Consulting Retirement Savings Plan and all other retirement plans. From preapproval to final implementation, we make sure your QDRO does what it’s supposed to do—protect your share of these valuable assets.
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. Our team works with all types of 401(k) plans, including those with multiple subaccounts, complex earnings, or hard-to-track loan balances.
Want to know how long this might take? Read our guide to QDRO timing for helpful insights on what factors influence the process length.
Conclusion
The Hollstadt Consulting Retirement Savings Plan is an active 401(k) offered by Hollstadt & associates, Inc. If you’re dividing this plan in a divorce, the QDRO must be properly drafted and implemented to safeguard both parties’ rights.
From Roth account choices to unvested employer contributions to ongoing loan obligations, every detail matters. Don’t risk rejections or delays—get it done properly from the start.
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 Hollstadt Consulting Retirement Savings 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.