Understanding QDROs and the Ofs International 401(k) Plan
Dividing retirement assets in a divorce can be a complicated process, especially when it comes to 401(k) plans. If you or your spouse participates in the Ofs International 401(k) Plan, a Qualified Domestic Relations Order (QDRO) is the legal tool required to divide the account properly and secure your portion of the retirement funds.
As QDRO attorneys at PeacockQDROs, we’ve seen how small mistakes in QDRO drafting can cost people tens of thousands of dollars. This article will walk you through what you need to know about dividing the Ofs International 401(k) Plan in divorce and how to get it right, the first time.
Plan-Specific Details for the Ofs International 401(k) Plan
Before going into legal and procedural nuances, it’s important to know what you’re working with. Here’s what we know about the Ofs International 401(k) Plan:
- Plan Name: Ofs International 401(k) Plan
- Sponsor: Ofs international, LLC
- Address: 7735 MILLER RD. 3
- Plan Number: Unknown (must be obtained for QDRO submission)
- EIN: Unknown (must be provided during submission)
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Status: Active
- Assets: Unknown
- Industry: General Business
- Organization Type: Business Entity
Despite a few unknown administrative details, this is an active retirement plan offered by a General Business employer. These plan specifications will be necessary when drafting and submitting your QDRO.
What Is a QDRO and Why Do You Need One?
A Qualified Domestic Relations Order (QDRO) is a court order granting a spouse, former spouse, child, or other dependent (known as the “alternate payee”) the right to receive a portion of the account owner’s retirement benefits. Without a QDRO, the plan administrator of the Ofs International 401(k) Plan cannot legally divide the account or pay benefits to anyone other than the participant.
Even if your divorce judgment clearly states how the 401(k) should be divided, the plan will not honor it without a valid QDRO. That means your share could remain inaccessible—or worse, lost—without this crucial order.
Dividing Contributions in the Ofs International 401(k) Plan
When crafting your QDRO, a key part is identifying what contributions are in the account and whether they are divisible:
Employee Contributions
These are amounts the employee (participant) has contributed from their paycheck. These funds are always considered part of the marital estate (for marriages that took place during the accrual period) and are 100% divisible through a QDRO.
Employer Contributions and Vesting
This plan likely includes employer matching or profit-sharing contributions. These funds may be subject to a vesting schedule—meaning, the participant may not fully own these amounts unless they’ve met certain time or service conditions. Unvested employer contributions cannot be assigned in a QDRO, but our experience tells us that some participants don’t even know what’s vested.
It’s essential to ask the plan administrator for a vesting schedule and current vesting status when preparing your draft.
Special Considerations: Loans and Roth Subaccounts
Do Loans Affect QDRO Division?
Yes. If the participant has taken out a loan against their Ofs International 401(k) Plan, it reduces the balance available for division. Here’s how:
- Loan balances are subtracted from the account before determining the alternate payee’s share.
- Loans are typically not transferred—they remain the participant’s repayment responsibility.
This often sparks disputes about whether the alternate payee’s share should be based on a pre-loan or post-loan balance. A well-written QDRO should address this clearly, and at PeacockQDROs, we do just that on every case.
Roth vs. Traditional Subaccounts
Most 401(k) plans today include both traditional (pre-tax) and Roth (after-tax) accounts. The Ofs International 401(k) Plan may include both types. It’s important to:
- Specify whether the division applies to both types or traditional funds only.
- Ensure that tax treatment of disbursements is clearly handled in the QDRO drafting.
Allocating Roth versus traditional balances improperly can result in unexpected taxes or delays in distribution. We ensure our QDROs correctly reflect these distinctions to protect both parties.
QDRO Drafting and Plan Administrator Approval
401(k) plans operated by private businesses, like the Ofs International 401(k) Plan from Ofs international, LLC, often require plan-specific QDRO language and may have pre-approval procedures in place.
Information You Need
- Plan Name: Ofs International 401(k) Plan
- Plan Sponsor: Ofs international, LLC
- Plan Number and EIN: These must be obtained from the plan administrator before submission
Common Mistakes to Avoid
- Failing to address vesting and loans
- Omitting Roth vs. traditional distinctions
- Using outdated or boilerplate language not accepted by the plan
- Missing plan contact info or EIN on court submissions
These mistakes can delay your order for months or even cause rejections. At PeacockQDROs, we prevent these issues by managing the process from start to finish—including everything from drafting to communication with Ofs international, LLC.
To learn more about these common errors and how to avoid them, check out our article on common QDRO mistakes.
Timing: How Long Will It Take?
We’re often asked how long a QDRO will take from start to finish. The answer varies depending on:
- Court processing times
- Whether the plan requires pre-approval
- How quickly you gather plan documents, account statements, and participant information
We break it all down in our guide on QDRO timing factors. On average, our clients complete the QDRO process in 60–90 days if all parties cooperate quickly.
Why Work with PeacockQDROs?
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. If your case involves the Ofs International 401(k) Plan, we can make the process much smoother and ensure no details are overlooked.
Want to explore more about QDROs in general? Visit our QDRO resource center to see how we can help.
Final Thoughts
Dividing a 401(k) plan like the Ofs International 401(k) Plan can bring added complexity to your divorce, especially when dealing with vesting, loans, and account types. But with the right guidance and a properly drafted QDRO, you can protect your financial future.
Don’t take chances with your share of retirement. Work with a team that handles the full QDRO process—from start to finish—and gets it done right the first time.
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 Ofs International 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.