Introduction: Why the Agiliti 401(k) Matters in Divorce
If you or your spouse has a retirement account through the Agiliti 401(k), it’s likely one of the most valuable assets in your divorce. As with any 401(k) plan, dividing this account during a divorce requires a special court order called a Qualified Domestic Relations Order (QDRO). Without one, the plan administrator can’t legally pay benefits to anyone other than the account holder — even if your divorce decree says you’re entitled to a share.
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.
This article outlines what divorcing couples need to know about dividing the Agiliti 401(k), including special considerations around employer contributions, loan balances, Roth funds, and more.
Plan-Specific Details for the Agiliti 401(k)
Here’s what we know about the Agiliti 401(k) plan that will be important for your QDRO:
- Plan Name: Agiliti 401(k)
- Plan Sponsor: Agiliti health, Inc.
- Address: 11095 Viking Drive, Suite 300
- Plan Type: 401(k)
- Industry: General Business
- Organization Type: Corporation
- Plan Number: Unknown (must be requested from administrator)
- EIN: Unknown (must be included in QDRO documentation)
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Status: Active
Because Agiliti health, Inc. is a general business operating as a corporation, you should expect the standard structure of a corporate-sponsored 401(k) plan — including both employee and potentially matching employer contributions, traditional and Roth account options, and fiduciary oversight by a third-party plan administrator.
What a QDRO Does for the Agiliti 401(k)
A QDRO allows the plan administrator to legally transfer a portion of the participant’s 401(k) account to the non-employee spouse (also called the “alternate payee”). This process ensures the non-employee spouse receives their share of the account without triggering immediate taxes or penalties, as long as it’s handled correctly.
Key Functions of a QDRO:
- Identifies the specific plan (in this case, the Agiliti 401(k))
- Names the participant and the alternate payee
- States the percentage or dollar amount to be transferred
- Details how earnings, losses, and gains will be handled
- Clarifies the treatment of loans, vesting, and account types
Common 401(k) Issues to Address in a QDRO
Drafting a QDRO for the Agiliti 401(k) isn’t just about writing down a percentage. Several key issues need to be addressed, particularly for 401(k) plans:
1. Employee vs. Employer Contributions
The QDRO should clarify whether it includes just the employee’s contributions or also any employer match. Some employer contributions may be subject to a vesting schedule, which means the employee might not own 100% of the match at the time of divorce.
For example, if your spouse’s employer contributions are 60% vested at the time of divorce, only that 60% is available for division. The QDRO should also outline what happens if the vesting percentage increases later—will the alternate payee receive the rest when it vests, or not?
2. Vesting Schedules and Forfeitures
Agiliti health, Inc. likely uses a graduated vesting schedule, which means employer contributions become the employee’s property over time. The unvested portion could eventually be forfeited if the employee leaves the company before full vesting. A good QDRO should address what happens to future vesting.
If not worded properly, the alternate payee could lose out on additional benefits they would otherwise be entitled to under state marital property laws.
3. Loan Balances and Repayment
401(k) participants often borrow from their own account using a plan loan. Your QDRO should clearly state whether the loan balance is included or excluded from the plan balance being divided.
For example, if your spouse borrowed $20,000 from the Agiliti 401(k) and the account shows $100,000, is that $100,000 the value to be divided — or is it really $120,000, with $20,000 outstanding to repay? Most alternate payees want the loan balance credited back in the calculation, but that language needs to be clearly included in the QDRO.
4. Traditional vs. Roth Accounts
The Agiliti 401(k) may allow both traditional (pre-tax) and Roth (after-tax) contributions. These are separate sub-accounts, and they have different tax implications when funds are distributed.
A proper QDRO will specify whether the division applies proportionally to both types of accounts or just one. It must also preserve the tax nature of the funds—otherwise, Roth assets could be mishandled and trigger unnecessary taxes.
Plan Administrator Approval and Required Documents
The Agiliti 401(k) will not process a QDRO unless it includes all required information, including the official plan name, participant and alternate payee info, Plan Number, and EIN. Since this data is currently unknown, it must be obtained from the plan administrator or the Summary Plan Description (SPD).
Once drafted, the QDRO should be submitted for preapproval, if available. This gives you a chance to catch problems before filing with the court. After your divorce judge signs the QDRO, it must be submitted back to the plan administrator for official approval and processing.
Why Choose PeacockQDROs for Your Agiliti 401(k) Division?
Our team at PeacockQDROs has seen it all. We don’t cut corners—and that matters when you’re dealing with high-value retirement accounts like those held in the Agiliti 401(k). Here’s what you get when you work with us:
- Drafting by experienced QDRO attorneys
- All paperwork filed with the court
- Preapproval submission to the Agiliti 401(k) administrator
- Complete handling of follow-up and final approval
- Help with common issues like Roth accounts, vesting, and loans
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. Want to learn more about QDRO timelines? See our guide on how long it takes to get a QDRO done.
And be sure to avoid mistakes that could cost you. Read our insights on common QDRO mistakes we see again and again.
Final Thoughts: Don’t Go It Alone
QDROs aren’t do-it-yourself documents. Especially with a plan like the Agiliti 401(k), which may involve complex employer contributions, vesting schedules, and both traditional and Roth funds. A small mistake can lead to big losses or delays in getting what you’re rightfully owed.
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 Agiliti 401(k), 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.