Dividing the Old Town Design Group 401(k) Plan in Divorce: What You Need to Know
Dividing retirement accounts during a divorce is often one of the most complicated—and overlooked—steps in the process. If you or your spouse are participants in the Old Town Design Group 401(k) Plan, knowing how to properly divide the plan can make the difference between keeping your rightful share and months of delays or deductions. The tool to divide a 401(k) plan in divorce is called a Qualified Domestic Relations Order (QDRO).
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.
Plan-Specific Details for the Old Town Design Group 401(k) Plan
Before diving into how to divide the Old Town Design Group 401(k) Plan, it helps to understand the key facts about the plan itself:
- Plan Name: Old Town Design Group 401(k) Plan
- Sponsor: Old town design group LLC
- Sponsor Address: 20250426104816NAL0006368195001, as of 2024-01-01
- Plan Type: 401(k) retirement plan
- Organization Type: Business Entity
- Industry: General Business
- Status: Active
- Plan Year, EIN, Plan Number, Participants, and Assets: Unknown (your QDRO should request these from the plan administrator)
Because this is a 401(k) Plan, and not a pension or defined benefit plan, the QDRO process has its own unique steps and issues—from handling vested and unvested contributions to dividing loan balances. Let’s take a closer look.
Understanding the Basics of a QDRO
A Qualified Domestic Relations Order (QDRO) is a legal order that instructs the plan administrator how to divide a retirement account for purposes of a divorce or legal separation. Without a QDRO, the plan cannot legally pay money from the participant’s account to the ex-spouse, also known as the alternate payee.
Your divorce judgment may say you’re entitled to part of the account, but without a QDRO, that promise has no legal effect on the actual plan. Getting the QDRO right—and submitting it correctly—is essential.
Key Issues in Dividing a 401(k) Like the Old Town Design Group 401(k) Plan
Employee vs. Employer Contributions
Most 401(k) plans include both the employee’s contributions (typically paycheck deferrals) and employer contributions (matches or profit-sharing). The QDRO must clearly define whether the alternate payee receives a portion of both—or just one.
Be aware that employer contributions are often subject to vesting schedules. If only part of the employer contributions are vested at the time of divorce, the unvested portion may not be included in the QDRO division.
Vesting and Forfeitures
If the participant hasn’t been with Old town design group LLC long enough, some employer contributions may still be unvested. These unvested amounts can be forfeited when the participant leaves the company, which means they may never be available for division.
A well-drafted QDRO can specify that the alternate payee’s share excludes unvested amounts as of the date of division—or include language clarifying whether future vesting affects the division.
Loan Balances
If the participant has borrowed against their 401(k), the QDRO must decide whether to include or exclude those loan balances from the divisible amount.
For example, if the account is worth $100,000 but has a $20,000 loan, is the alternate payee getting half of $100,000 or $80,000? There’s no right or wrong answer—it depends on what’s agreed upon in the divorce and what the QDRO specifies. But failing to address this can result in confusion and delays.
Roth vs. Traditional Sub-Accounts
Many modern 401(k) plans, including the Old Town Design Group 401(k) Plan if provisions allow, offer Roth 401(k) contributions along with pre-tax (traditional) contributions. Roth contributions are made after-tax and have different tax treatment when withdrawn.
The QDRO should make clear whether the alternate payee receives a share of both account types—and should direct how each will be split. If this isn’t spelled out, the division could be applied only to one portion of the account, often leading to disputes or unwanted tax consequences.
How a QDRO Works for the Old Town Design Group 401(k) Plan
Plans differ in their procedures, but in general, dividing a plan sponsored by Old town design group LLC will involve these steps:
- Gather plan information and obtain any QDRO guidelines (if provided by the plan administrator)
- Determine the division terms—percentage vs. dollar amount, division date, sub-account types
- Draft the QDRO with specific reference to the Old Town Design Group 401(k) Plan
- Submit the draft to the administrator for preapproval, if available
- Enter the QDRO with the court once finalized
- Serve the signed QDRO on the plan administrator and monitor for processing
Required Information in Your QDRO
To process a QDRO for the Old Town Design Group 401(k) Plan, you’ll need:
- Plan name: Old Town Design Group 401(k) Plan
- Plan sponsor: Old town design group LLC
- The official plan number and EIN (if unknown, request directly from the plan administrator)
- Names, addresses, and birthdates of both parties (and Social Security numbers—these go in a separate attachment for privacy)
It’s essential to contact the administrator directly if information such as plan number or EIN is missing. At PeacockQDROs, we assist with this legwork when needed.
Common Mistakes When Dividing the Old Town Design Group 401(k) Plan
We repeatedly see a few key errors people make when attempting to divide a 401(k) post-divorce:
- Forgetting to address 401(k) loan balances
- Failing to distinguish between Roth and traditional sub-accounts
- Not specifying vesting status of employer contributions
- Omitting survivor benefit language—especially important if the participant dies before division is complete
- Waiting too long—some plans will not honor a QDRO after certain deadlines or plan changes
Check out our article on common QDRO mistakes to avoid these problems with your own order.
How Long Does a QDRO Take?
This depends on several factors—what court you’re in, whether the plan offers pre-approval review, how thoroughly the QDRO is drafted, and how quickly it’s submitted and followed up on. We’ve outlined five key timing factors here: 5 Factors That Determine How Long It Takes To Get a QDRO Done.
Why It’s Worth Doing It Right—The First Time
Getting your share of a 401(k) like the Old Town Design Group 401(k) Plan shouldn’t be a guessing game. An unclear or poorly drafted QDRO can lead to delays, legal disputes, or even full denial by the plan administrator.
The stakes are too high to “try it yourself” or rely on a general divorce lawyer without deep QDRO experience. That’s why so many clients trust PeacockQDROs.
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. From drafting to filing and follow-up, we don’t leave anything to chance.
Learn more about our full-service QDRO offerings here: QDRO services at PeacockQDROs.
Final Thoughts
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 Old Town Design Group 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.