Introduction
Dividing retirement assets during a divorce can feel overwhelming, especially when one or both spouses have workplace retirement plans like 401(k)s. The Spire 401(k) Plan, sponsored by Spire Inc., falls into this category. If you’re going through a divorce and your marital estate includes assets in the Spire 401(k) Plan, you’ll likely need a Qualified Domestic Relations Order—commonly known as a QDRO.
In this article, we’ll walk you through how QDROs work specifically for the Spire 401(k) Plan. We’ll highlight the plan’s structure, vesting considerations, loans, and Roth versus traditional account aspects. Plus, we’ll address common mistakes and how to avoid them. If your divorce was in a state like California, New York, or Missouri, be sure to read to the end for a special state-specific call to action.
What Is a QDRO?
A Qualified Domestic Relations Order (QDRO) is a court order that gives a former spouse (or sometimes another dependent such as a child) the legal right to receive a portion of the plan participant’s retirement benefits. Without a proper QDRO, the plan administrator cannot legally divide the assets—even if your divorce decree says to do so.
For 401(k) plans like the Spire 401(k) Plan, a QDRO is required before any division of retirement assets can be processed. The QDRO must comply with federal law (ERISA), the specific rules of the retirement plan, and any applicable state law.
Plan-Specific Details for the Spire 401(k) Plan
Before drafting a QDRO, it’s essential to know some plan details. Here’s what we currently know about the Spire 401(k) Plan:
- Plan Name: Spire 401(k) Plan
- Sponsor: Spire Inc.
- Address: 20250516220110NAL0020524881028, effective as of 2024-01-01
- Industry: General Business
- Organization Type: Corporation
- Status: Active
Some information such as the EIN, Plan Number, and total assets is currently unavailable. However, these details are typically required during QDRO drafting and should be obtained through the plan administrator or participant’s benefit statements.
Key Focus Areas When Dividing the Spire 401(k) Plan
Employee and Employer Contributions
The Spire 401(k) Plan likely includes both employee contributions (from the participant’s paycheck) and employer contributions (matching or discretionary contributions from Spire Inc.). When dividing this plan, your QDRO should clearly state whether both types of contributions are being split or just the employee contributions.
It’s also important to consider the time frame. Generally, the portion subject to division includes only the contributions (plus earnings and losses) accumulated during the marriage. This is especially critical in states where community or marital property rules apply.
Vesting Schedules and Forfeited Amounts
Employer contributions are often subject to a vesting schedule. That means the participant earns full ownership in the employer-funded portion over time. If any employer contributions are unvested at the time of the divorce, your QDRO must address how those amounts will be treated.
Some plans automatically exclude unvested funds, while others allow the alternate payee to receive any portion that vests later. Knowing the vesting rules of the Spire 401(k) Plan will prevent conflicts down the line and ensure fair allocation.
Loan Balances and Repayment
Many 401(k) plans allow participants to take loans from their accounts. If the participant in the Spire 401(k) Plan has an outstanding loan, that loan will impact the account’s net balance. Here are a couple points to consider:
- Should the loan balance be subtracted from the total value before division?
- Is the participant solely responsible for the repayment, or will it affect the alternate payee’s portion?
Your QDRO should spell out how loans are accounted for in the division process. Otherwise, one party may end up owing money they didn’t agree to.
Roth vs. Traditional 401(k) Accounts
The Spire 401(k) Plan likely includes both traditional (pre-tax) and Roth (after-tax) account types. It’s crucial that your QDRO differentiates between them. Otherwise, the alternate payee may be taxed incorrectly on distributions or transfers.
For example, if the alternate payee is awarded Roth funds but they’re mistakenly rolled into a traditional IRA, that could trigger avoidable taxes. This section of your QDRO should be accurate and clear to protect both parties.
Common Mistakes with QDROs for 401(k) Plans
QDRO mistakes can delay processing or cost one party thousands. We frequently see errors such as:
- Failing to specify whether the division includes gains and losses
- Omitting treatment of outstanding loans
- Ignoring post-divorce account activity
- Failing to address Roth versus Traditional accounts
- Leaving out vesting or forfeiture language
We’ve broken down many of these in our guide on common QDRO mistakes. Always ensure your order matches the language and requirements of the Spire 401(k) Plan.
Timeline Considerations
Many clients ask how long the QDRO process will take. That depends on several factors, including whether preapproval is required, how responsive the plan administrator is, and whether the court processes documents quickly in your area. We’ve outlined the top timing issues in our article on QDRO timing factors.
How PeacockQDROs Can Help
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 you’re still finalizing your divorce or trying to enforce an agreement, we’ll help you divide the Spire 401(k) Plan accurately and efficiently.
Get started by exploring our QDRO services or contacting us directly for a consultation.
Documents You’ll Need
When preparing a QDRO for the Spire 401(k) Plan, the following documents are typically required:
- Full copy of your divorce decree or marital settlement agreement
- Most recent account statement from the Spire 401(k) Plan
- Participant’s information (name, DOB, SSN)
- Alternate payee’s information (name, DOB, SSN)
- Plan’s EIN and Plan Number (usually found in plan disclosures or summary plan descriptions)
While the plan’s EIN and Plan Number are currently unknown, we can assist you in obtaining these from Spire Inc. or the plan administrator directly.
Final Thoughts
Dividing the Spire 401(k) Plan takes more than just a generic QDRO template. It requires attention to detail and a firm understanding of what makes this plan unique. With the right QDRO in place, both parties can receive their fair share without tax headaches or future disputes.
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 Spire 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.