Introduction
If you or your spouse has a retirement account under the Martin Marietta Savings and Investment Plan and you’re going through a divorce, understanding how to divide that account is critical. Unlike other financial assets, dividing a 401(k) plan like this one requires a court-approved document called a Qualified Domestic Relations Order (QDRO). Without a proper QDRO, the non-employee spouse (also known as the alternate payee) may not be able to receive their rightful share of retirement funds—and mistakes can be costly and irreversible.
At PeacockQDROs, we’ve handled thousands of QDROs from start to finish. That means we don’t just draft the document—we also submit it, handle court filing, and follow up with the plan administrator to ensure everything is finalized. Here’s what divorcing couples need to know about properly dividing the Martin Marietta Savings and Investment Plan.
Plan-Specific Details for the Martin Marietta Savings and Investment Plan
Here’s what we know about this specific 401(k) plan:
- Plan Name: Martin Marietta Savings and Investment Plan
- Plan Sponsor: Martin marietta materials, Inc.
- Address: 4123 PARKLAKE AVENUE
- Plan Dates: Effective 1996-10-18; 2024 plan year runs from 01/01/2024 to 12/31/2024
- Plan Number: Unknown (typically required for the QDRO; needs to be verified with sponsor)
- EIN: Unknown (must be confirmed for the QDRO)
- Industry: General Business
- Organization Type: Corporation
- Status: Active
Even though the plan number and EIN are currently unknown, these are required details that we gather during the QDRO preparation process. Accurate information ensures that your QDRO is accepted and processed without unnecessary delay.
Understanding QDROs for a 401(k) Plan
What Is a QDRO?
A QDRO is a legal order that allows retirement plan administrators to split retirement assets between a plan participant and their former spouse or other dependents following divorce or legal separation. Without a QDRO, the plan will not recognize the alternate payee’s right to a share of the benefit.
Since the Martin Marietta Savings and Investment Plan is a 401(k) plan, it falls under ERISA (Employee Retirement Income Security Act) rules, requiring a valid QDRO to divide the account.
Why the Right QDRO Matters
A generic QDRO won’t work. Each plan has its own procedures and requirements, especially for 401(k) accounts where factors like loans, Roth contributions, and vesting schedules come into play. An experienced QDRO firm—like PeacockQDROs—will draft your order to fit exactly what the Martin Marietta Savings and Investment Plan needs.
Key Factors in Dividing the Martin Marietta Savings and Investment Plan
Employee vs. Employer Contributions
The plan likely contains both employee contributions (what the participant put in) and matching or discretionary employer contributions (what Martin marietta materials, Inc. may provide). One major issue is that employer contributions may be subject to a vesting schedule—meaning that not all amounts are immediately “owned” by the employee participant.
Here are things to consider:
- Only vested employer contributions can be divided between spouses
- Unvested amounts are typically forfeited if the participant leaves the company early
- It’s crucial to get a detailed plan statement showing vested vs. unvested balances when dividing the account
Handling Loan Balances
If the participant has taken a loan from the Martin Marietta Savings and Investment Plan, the QDRO must address whether the loan balance will be accounted for in the marital division.
Two options:
- Include loan in marital balance: This assumes that the value of the plan is reduced by the outstanding loan
- Exclude loan from marital division: This treats the loan as the participant’s sole liability
Either option is viable, but the QDRO must clearly state which approach is being used.
Roth vs. Traditional 401(k) Accounts
The Martin Marietta Savings and Investment Plan may include both traditional (pre-tax) and Roth (after-tax) contributions. These account types come with distinct taxation rules:
- Roth accounts are tax-free when withdrawn (if rules are followed)
- Traditional accounts are taxed as income when withdrawn
To preserve the tax integrity of each type, the QDRO must specify what portion of the award is from Roth vs. traditional sources. Otherwise, the administrator may default to their own interpretation—which can create costly tax issues down the road for the alternate payee.
Common Mistakes to Avoid
We see a lot of preventable mistakes in self-prepared or poorly prepared QDROs. Some of the most common are:
- Failing to request a pre-approval from the plan administrator
- Improper treatment of loan balances
- Using vague language about division percentages
- Not addressing Roth vs. Traditional account splits
- Sending the QDRO directly to court without confirming plan requirements
To avoid these and other issues, check out our guide on common QDRO mistakes.
Timeframe: How Long Does It Take to Get a QDRO Done?
Time varies case by case, but common contributing factors include:
- How quickly the parties agree on division terms
- Whether the plan requires a pre-approval submission
- The responsiveness of the court and plan administrator
We break this down clearly in our resource: 5 factors that determine how long it takes to get a QDRO done.
Our Full-Service QDRO Process
At PeacockQDROs, we do more than just prepare the QDRO—we see it through every step:
- We gather required information (plan number, EIN, account details)
- We consult with both spouses or their attorneys when necessary
- We submit drafts to the plan sponsor for pre-approval (when available)
- We file with the court
- We send the finalized court-approved order to the administrator
- We follow up until it’s fully processed
This end-to-end service ensures your interests are protected and your retirement division is secure. We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. See more about our QDRO services here.
Final Thoughts
Dividing retirement assets like the Martin Marietta Savings and Investment Plan isn’t automatic—and it isn’t easy to fix once it’s done wrong. A well-drafted QDRO ensures your fair share is paid, your taxes are minimized, and your future is protected.
You don’t need to go through it alone—we’re here to help every step of the way.
State-Specific Help
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 Martin Marietta Savings and Investment 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.