Introduction
Dividing retirement assets like the Zinus, Inc.. 401(k) Plan during divorce requires more than just a mention in your settlement agreement. You’ll likely need a Qualified Domestic Relations Order (QDRO) to transfer an interest in the plan from the employee (called the participant) to the former spouse (called the alternate payee). At PeacockQDROs, we help families avoid costly mistakes by managing the full QDRO process—from drafting through court approval and submission to the plan administrator.
If your spouse has a retirement account through Zinus, Inc.. 401(k) plan, or you’re a plan participant yourself, keep reading. This article covers what you need to know about the Zinus, Inc.. 401(k) Plan when dividing it during divorce, including key plan-specific factors that might affect your share.
What Is a Qualified Domestic Relations Order (QDRO)?
A QDRO is a court order that tells a retirement plan to pay a portion of one spouse’s benefit to their ex-spouse or another dependent. While your divorce judgment may outline who gets what, it’s the QDRO that gives the plan administrator legal permission to divide the account.
Without this specialized court order, the Zinus, Inc.. 401(k) Plan will not release funds or set up a separate account for the non-employee spouse. And without careful drafting, your QDRO could end up denied, delayed—or subject to unexpected taxes and penalties.
Plan-Specific Details for the Zinus, Inc.. 401(k) Plan
- Plan Name: Zinus, Inc.. 401(k) Plan
- Sponsor: Zinus, Inc.. 401(k) plan
- Plan Address: 5731 PROMONTORY PARKWAY
- Plan Dates on Record: 2024-01-01 to 2024-12-31 (adopted on 2019-12-28)
- Employer Identification Number (EIN): Unknown (required for documents—may need to request from plan administrator)
- Plan Number: Unknown (required—should be obtained during initial stages)
- Industry Type: General Business
- Organization Type: Corporation
- Status: Active
- Participants: Unknown
- Assets: Unknown
Because key details like the EIN and Plan Number are unknown, it’s crucial to request a copy of the plan’s Summary Plan Description (SPD) or contact the plan administrator during the QDRO process. At PeacockQDROs, we do this legwork as part of our full-service solution.
How a 401(k) Plan Like This Is Divided
Employee vs. Employer Contributions
Most 401(k) plans consist of two types of contributions: those made by the employee (participant) and those made by the employer. A QDRO can divide either or both types, but there’s a key issue: employer contributions may be subject to a vesting schedule.
If the participant isn’t fully vested at the time of divorce, some of those employer contributions may be forfeited later—and the alternate payee won’t receive them. That’s why it’s important that the QDRO defines precisely how the division should account for unvested amounts.
Understanding the Vesting Schedule
Typically, employer contributions vest over time—for example, 20% per year. If your divorce happens early in the marriage, and the employee spouse hasn’t hit a key threshold, the alternate payee’s share may end up being smaller than expected.
We often draft QDROs that either:
- Exclude unvested contributions, or
- Include them conditionally—if the participant spouse becomes vested later
Be sure to review the plan’s vesting schedule along with your attorney or QDRO professional before finalizing a settlement.
What About Loan Balances?
401(k) loans are another common complication. If the participant has taken out a loan from their Zinus, Inc.. 401(k) Plan, it lowers the account balance. But—should the alternate payee’s share be based on the balance before or after that loan was taken?
We see this issue all the time. A well-drafted QDRO will specifically state how loan balances are handled—for example, whether the alternate payee’s entitlement includes their share of loan-depleted funds. In many cases, QDROs will base division on the “account balance including any outstanding loan balance.”
Roth vs. Traditional 401(k) Funds
The Zinus, Inc.. 401(k) Plan may include both pre-tax (traditional) and post-tax (Roth) accounts. These funds are taxed differently—and if they’re divided improperly, the alternate payee could face an unexpected tax bill.
Your QDRO should clearly distinguish between Roth and traditional funds and preserve the tax status of any post-tax money. At PeacockQDROs, we ensure the order is written so that Roth 401(k) funds remain Roth when transferred to the alternate payee’s new account or IRA.
QDRO Process for the Zinus, Inc.. 401(k) Plan
Each plan has its own QDRO procedures, and the Zinus, Inc.. 401(k) Plan is no exception. While we don’t yet have public SPD details, we can tell you that most corporate-sponsored 401(k)s follow this general framework:
- Review the plan’s QDRO procedures or request them
- Gather necessary data—EIN, plan number, vesting percentages, and account breakdown
- Draft a QDRO tailored to the Zinus, Inc.. 401(k) Plan and in line with divorce agreement
- Submit the draft to the plan for preapproval (if plan allows)
- File the QDRO with the court for judicial signature
- Send the signed order to the plan administrator for final approval and processing
Want to know how long this takes? Check out our guide on QDRO timelines.
Why PeacockQDROs Is Different
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 the Zinus, Inc.. 401(k) Plan involves loans, unvested employer money, or Roth dollars, we know how to account for it properly in your QDRO.
Want to avoid common pitfalls? Review our list of QDRO mistakes to avoid.
A Few Tips Before You Draft Your QDRO
- Get a copy of the Zinus, Inc.. 401(k) Plan’s SPD and QDRO procedures from the plan administrator
- Confirm the Plan Number and EIN before drafting
- Choose a valuation date for division—date of separation, divorce filing, or another agreed-upon date
- Be clear about whether the alternate payee receives gains/losses on their portion after the valuation date
- Ensure the QDRO mentions how Roth, loan balances, and vesting issues are handled
Need Help with Your Zinus, Inc.. 401(k) Plan QDRO?
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 Zinus, Inc.. 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.