Introduction
Dividing retirement benefits during divorce can be one of the most overlooked yet financially significant decisions you’ll make. If you or your ex-spouse has an account in the All Cargo Express LLC 401(k) Plan, this article is here to walk you through how to divide those assets using a Qualified Domestic Relations Order (QDRO), and what to watch out for—especially when dealing with complex 401(k) account structures, vesting schedules, and outstanding loans.
What is a QDRO?
A Qualified Domestic Relations Order (QDRO) is a legal order that divides retirement plan benefits between divorcing spouses. Specifically for 401(k) plans like the All Cargo Express LLC 401(k) Plan, it allows the plan administrator to transfer a portion of the retirement account to the non-employee spouse (known as the “alternate payee”) without triggering early withdrawal penalties or taxable events—provided it’s done correctly.
Plan-Specific Details for the All Cargo Express LLC 401(k) Plan
Here are the available details specific to this plan, which should be included in both your legal documents and QDRO:
- Plan Name: All Cargo Express LLC 401(k) Plan
- Plan Sponsor: All cargo express LLC 401(k) plan
- Address: 20250717140616NAL0000603920001, 2024-01-01
- Employer Identification Number (EIN): Unknown (required for QDRO submission—contact the plan administrator)
- Plan Number: Unknown (required—should be obtained from plan documents or administrator)
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Status: Active
- Assets: Unknown at this time
- Industry: General Business
- Organization Type: Business Entity
Note: Even if some plan details are currently unknown, a QDRO can still be drafted and submitted by working closely with the plan administrator to retrieve all necessary information.
Dividing the All Cargo Express LLC 401(k) Plan: Key Considerations
1. Employee and Employer Contributions
401(k) plans generally consist of contributions made by both the employee and the employer. In a QDRO division, you’re typically only dividing the portion that accrued during marriage. The court can order all or part of these contributions—including investment gains or losses—to be transferred to the alternate payee as of a specific division date (often the date of separation or divorce).
2. Vesting Schedules and Forfeited Amounts
Here’s where 401(k) plan divisions get tricky. Many plans, particularly those within general business entities like All cargo express LLC 401(k) plan, use a vesting schedule for employer matches. Any unvested employer contributions as of the division date are not eligible to be awarded in a QDRO. If the employee spouse leaves the company before those funds become fully vested, the unvested portions may be forfeited—even if the QDRO originally included them.
Make sure your QDRO explicitly states that the alternate payee gets a percentage or fixed amount of the vested balance as of the division date, and that the plan administrator must calculate any forfeitures appropriately.
3. Loan Balances and Repayment Obligations
If the employee spouse has taken out a loan against their 401(k) account under the All Cargo Express LLC 401(k) Plan, it does not automatically reduce the account value for QDRO division purposes. However, different plans treat loans differently. Some subtract the loan from the account balance when calculating the divisible amount, while others leave it in. Your QDRO must state whether the loan is included or excluded from the marital pot.
If excluded, the alternate payee might receive less than expected. If included, it could result in the alternate payee getting “phantom” dollars unless that amount is physically repaid by the participant.
4. Roth vs. Traditional 401(k) Accounts
Roth 401(k) contributions are made after-tax, while traditional 401(k) contributions are pre-tax. If the participant in the All Cargo Express LLC 401(k) Plan has both types of sub-accounts, your QDRO needs to specify how the division applies to each. This prevents tax confusion down the road and ensures the alternate payee receives the correct type of funds, with appropriate tax attributes preserved.
How Long Will the QDRO Process Take?
401(k) plan QDROs are often quicker to process than defined benefit plans, but timing can still vary. Several things affect how long it takes, including plan responsiveness, county court backlogs, and whether pre-approval is required. We’ve written in more detail about timing here: 5 Factors That Determine How Long It Takes to Get a QDRO Done.
Common Mistakes to Avoid
When dividing the All Cargo Express LLC 401(k) Plan, avoid these common QDRO pitfalls:
- Failing to request vesting info or loan balances from the plan administrator
- Ignoring Roth sub-accounts entirely
- Using vague or incorrect plan names (always use “All Cargo Express LLC 401(k) Plan”)
- Assuming the court order alone will divide the funds (you still need the QDRO)
See more on common mistakes here: Common QDRO Mistakes.
Working 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.
Learn more about our services here: QDRO Services.
Plan Administrator Contact and Next Steps
To get started with a QDRO for the All Cargo Express LLC 401(k) Plan, you’ll need to:
- Contact the plan administrator to confirm account balances, vesting, and loan amount as of the division date
- Obtain the plan’s QDRO guidelines (if they exist)
- Get the correct plan number and EIN if it’s not in your divorce paperwork
- Work with a firm that knows how to draft and process QDROs correctly the first time
State-Specific Call to Action
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 All Cargo Express LLC 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.