Introduction
If you or your spouse participated in the Versique 401(k) Plan during your marriage, dividing that account in divorce isn’t as simple as just splitting the balance in half. Retirement plans—and especially 401(k)s—have specific rules for how benefits can be divided. That’s where a Qualified Domestic Relations Order (QDRO) comes in.
This article explains how QDROs work for the Versique 401(k) Plan and what divorcing couples and family law attorneys need to consider. We’ll cover common concerns like loan balances, vested vs. unvested funds, and how Roth 401(k) accounts are treated under a QDRO. Whether you’re the employee participant or the alternate payee (usually the former spouse), it’s essential to understand your rights—and how to protect them.
What Is a QDRO, and Why Do You Need One?
A Qualified Domestic Relations Order, or QDRO, is a court order required to split qualified retirement plans like a 401(k) between spouses in divorce. Without a QDRO, the plan administrator of the Versique 401(k) Plan cannot legally transfer any portion of the retirement account to the non-employee spouse.
A proper QDRO tells the plan administrator:
- How much of the account is to be divided
- When the alternate payee (usually the former spouse) will receive payment
- Whether earnings and losses apply to divided amounts
- How loans, vesting, and account types (e.g., Roth vs. pre-tax) should be handled
The goal is not just to divide fairly—but to avoid tax penalties, preserve both parties’ rights, and comply with plan rules.
Plan-Specific Details for the Versique 401(k) Plan
Before drafting a QDRO, here’s what we know about the specific plan involved:
- Plan Name: Versique 401(k) Plan
- Sponsor: Versique, Inc.
- Address: 6465 WAYZATA BLVD, SUITE 800
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Industry: General Business
- Organization Type: Corporation
- Status: Active
- EIN: Unknown
- Plan Number: Unknown
- Assets: Unknown
- Participants: Unknown
While some details like the EIN and plan number are not currently available, they will be required when drafting and submitting the QDRO. These can usually be confirmed directly with the HR or benefits department at Versique, Inc., or obtained by reviewing a recent plan statement.
Key QDRO Considerations for the Versique 401(k) Plan
Employee and Employer Contributions
The Versique 401(k) Plan may include both employee deferrals and employer match or profit-sharing contributions. The QDRO can cover both types, but it’s important to note whether employer contributions are subject to vesting. Only the vested portion can be divided—unvested funds are usually forfeited if the employee leaves the company.
The QDRO should clearly state whether the division includes just the marital portion or the entire vested balance. In most divorces, only the marital portion (accrued during marriage) is subject to division.
Vesting Schedules and Forfeitures
If Versique, Inc. uses a graded vesting schedule (such as 20% vested per year), some employer contributions made during the marriage may not be fully vested by the time of divorce. The QDRO should address what happens to any non-vested funds—many times, these simply revert to the plan if forfeited, but they shouldn’t be included in the alternate payee’s share.
Make sure your attorney or QDRO preparer has access to the Summary Plan Description to verify the vesting policy.
Loans From the 401(k)
Another common issue is outstanding loans. If the employee has borrowed from the 401(k), it affects the account balance. A QDRO should be explicit about whether the loan is treated as a marital asset or deducted before division. Some courts exclude loans when dividing the balance, while others may assign the debt responsibility proportionally.
Be sure your QDRO addresses these questions:
- Should the loan balance be subtracted from the employee’s share?
- Should the alternate payee receive a portion of the loan amount?
- Is there an expectation that the loan be repaid before division?
Roth vs. Traditional 401(k) Accounts
The Versique 401(k) Plan may include both pre-tax (traditional) and after-tax (Roth) balances. These have significant tax differences. The QDRO needs to identify if both account types will be divided proportionally or separately. Transferring Roth balances to a traditional IRA can create unintended tax consequences—good QDRO drafting avoids this.
Also make sure the alternate payee’s future tax responsibilities reflect the kind of funds they’re receiving. A Roth transfer to another Roth account can preserve the tax-free advantage, but only if handled correctly.
Drafting and Submitting the QDRO
Once the language is correct, the QDRO should be sent to Versique, Inc.’s plan administrator for preapproval—if allowed. Not all plans allow preapproval, but it’s an important step if available. After that, the QDRO must be signed by a judge and officially entered as part of your divorce case. Then it’s returned to the plan for processing.
At PeacockQDROs, we handle the entire process—from gathering plan specifics, drafting based on current assets, obtaining preapproval where applicable, filing with the court, and submitting to the administrator. This full-service handling ensures your QDRO doesn’t just get written—it gets done right.
Deadlines and Timing
Timing matters. A delay in filing the QDRO can cause problems if the employee retires or withdraws funds. This can reduce the alternate payee’s share or cause you to miss legal protections. Here’s more information on timing: How Long It Takes to Get a QDRO Done.
Don’t assume the court order in your divorce judgment handles it—until the QDRO is submitted and accepted by the Versique 401(k) Plan administrator, the alternate payee doesn’t have ownership of those funds.
Common Mistakes to Avoid
Based on our experience with thousands of QDROs, here are issues to watch for:
- Failing to address loans or Roth accounts in the QDRO
- Assuming 50% of the balance means 50% of each source (it doesn’t always)
- Not verifying the vesting status of employer contributions at divorce date
- Using a generic or template QDRO not tailored to the Versique 401(k) Plan
You can learn more about these pitfalls here: Common QDRO Mistakes.
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. You can explore our full array of services here:
QDRO Services.
Next Steps
If your divorce involved the Versique 401(k) Plan, you need a QDRO tailored specifically to that plan. Don’t leave it to chance with a one-size-fits-all form. Every 401(k) plan is different, and missing small details (like vesting or loan terms) can cost you significantly.
Conclusion & 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 Versique 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.