Introduction
Dividing a retirement account in divorce can be more complicated than people expect—especially when the account is a 401(k) plan with different components like employer matches, unvested contributions, and potential loan balances. If you or your spouse has savings in The Access Pooled Employer Plan – Series 1, understanding how to split it properly starts with knowing how a Qualified Domestic Relations Order (QDRO) works for this specific plan.
At PeacockQDROs, we’ve handled thousands of QDROs from start to finish. That means we don’t just draft the order and leave you hanging—we take care of the approvals, court filing, submission to the plan administrator, and follow-up from beginning to end. And we do it with near-perfect reviews and a solid reputation for doing things the right way.
Let’s walk through how to divide The Access Pooled Employer Plan – Series 1 in divorce using a QDRO, including what to watch out for and what information you’ll need to get it done correctly.
Plan-Specific Details for the The Access Pooled Employer Plan – Series 1
- Plan Name: The Access Pooled Employer Plan – Series 1
- Sponsor: National benefit services, LLC
- Address: 8523 SOUTH REDWOOD ROAD
- Organization Type: Business Entity
- Industry: General Business
- Status: Active
- Plan Number: Unknown (typically needed for QDRO drafting)
- EIN: Unknown (also required for proper identification)
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Number of Participants: Unknown
- Assets: Unknown
Although certain technical details like the plan number and EIN aren’t publicly listed here, those will still be necessary for your QDRO to be processed. If you don’t have that information, your attorney (or a professional QDRO service like ours) can typically obtain it directly from the plan or the participant’s employer.
Why a QDRO Is Required for This 401(k) Plan
Any time a 401(k) like The Access Pooled Employer Plan – Series 1 is divided due to divorce, the division must comply with federal law under ERISA. That means you need a properly drafted QDRO. A QDRO is the only way to legally assign a portion of a retirement account to an ex-spouse without triggering taxes or early withdrawal penalties (as long as it’s done correctly).
National benefit services, LLC, as the plan sponsor, won’t allow a payment to a former spouse unless a QDRO is in place and approved. That’s why skipping or delaying this step can lead to major complications, especially if a participant is close to retirement or planning a distribution.
Key Factors When Dividing the The Access Pooled Employer Plan – Series 1
Employee and Employer Contributions
This plan is a 401(k), which means contributions generally come from both the employee (the participant) and the employer. A QDRO can divide just the employee’s contributions, or it can include the employer’s match. However, any unvested employer contributions don’t belong to the participant yet, and they typically can’t be divided with the spouse. That’s where vesting schedules matter.
Vesting and Forfeitures
If the employer made contributions that are subject to a vesting schedule, only the vested portion as of the date of division is assignable to the spouse. Any unvested funds will generally be forfeited when the participant leaves the company—meaning your QDRO should carefully define what counts as divisible. Always use a clear valuation date to protect both parties’ interests.
401(k) Loans
If the participant has an outstanding loan in The Access Pooled Employer Plan – Series 1, it can complicate the division. Most plans include the loan balance when calculating the total account value, but that loan isn’t available for division. Your QDRO must specify how to treat it:
- Will the alternate payee (the ex-spouse) share in the account value including or excluding the loan?
- Who is responsible for repaying the loan?
Failing to address this in the order can cause delays—or even rejection of the QDRO by the plan administrator.
Traditional vs. Roth Contributions
Another important consideration is whether the plan participant made Roth 401(k) contributions. These are after-tax dollars, while traditional 401(k) contributions are pre-tax. Your QDRO should specify which account types are being divided, and the plan must report the separate tax statuses to the alternate payee.
If you don’t distinguish between Roth and traditional balances in your QDRO, the split may not reflect the correct tax obligations for each party.
Common Mistakes When Dividing 401(k) Plans Like This One
We’ve outlined the top missteps people make when dividing plans like The Access Pooled Employer Plan – Series 1 in our common QDRO mistakes guide, but here are a few highlights:
- Leaving out language about loans or vesting
- Failing to identify whether the balance should be split “as of” a specific valuation date
- Not accounting for investment gains/losses between the division and distribution
- Submitting a QDRO that doesn’t match the plan sponsor’s formatting preferences
We emphasize plan-specific formatting and requirements when we draft QDROs, which makes a significant difference in how quickly your order is accepted.
The Full-Service QDRO Option
At PeacockQDROs, we’re not like those services that just hand you a document and send you on your way. We handle it from beginning to end:
- Drafting the QDRO based on your specific agreement and plan rules
- Submitting the draft to National benefit services, LLC (if they offer preapproval)
- Facilitating court filing in the correct jurisdiction
- Sending the final order to the plan for approval
- Keeping you informed every step of the way
Learn more about our process by visiting our QDRO services page. We also cover timing expectations on our QDRO timing guide.
Next Steps: What You Should Do Now
If you or your spouse has an account in The Access Pooled Employer Plan – Series 1, take action early. Get a copy of the most recent plan statement, confirm whether loans or Roth contributions exist, and identify the valuation date you want to use for division. Then, get help from a professional who knows how to handle 401(k) QDROs in the context of divorce—especially when the plan’s administrator is National benefit services, LLC.
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 The Access Pooled Employer Plan – Series 1, 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.