Understanding QDROs and the Terteling Employees’ Profit Sharing and Thrift Savings Plan
If you or your spouse participates in the Terteling Employees’ Profit Sharing and Thrift Savings Plan through The terteling company, Inc., dividing those benefits in a divorce will likely require a Qualified Domestic Relations Order, or QDRO. This legal tool ensures that retirement benefits awarded in a divorce are distributed according to the divorce judgment and in compliance with federal retirement laws.
But not all QDROs are the same. A proper QDRO for a profit sharing plan like this one must consider specific plan rules, vesting schedules, account types (Roth vs. traditional), and other important details. Getting it wrong can delay distribution or cost you money. Here’s what you need to know.
Plan-Specific Details for the Terteling Employees’ Profit Sharing and Thrift Savings Plan
Before drafting your QDRO, it’s crucial to understand the specific plan you’re dealing with. Here’s what we know:
- Plan Name: Terteling Employees’ Profit Sharing and Thrift Savings Plan
- Sponsor: The terteling company, Inc.
- Address: 3858 Garden Center Way
- Plan Dates Listed: 1962-09-14 to 2024-12-31
- Plan Number: Unknown (required for QDRO submission)
- EIN: Unknown (required for QDRO submission)
- Status: Active
- Organization Type: Corporation
- Industry: General Business
- Participants: Unknown
This is a profit sharing and thrift savings plan, which typically means employees may receive contributions from both the employer and themselves, with potential matching or discretionary contributions. The plan likely includes 401(k) features and may have both pre-tax and Roth account types. When dividing this type of plan in divorce, these features matter — a lot.
What Makes Profit Sharing Plans Like This One Unique in Divorce?
1. Contributions Must Be Allocated Properly
Profit sharing plans involve both employee and employer contributions. In a divorce, you’ll need to determine what portion of the account was earned during the marriage and how to divide that amount. A QDRO should clearly separate:
- Employee contributions (typically elective deferrals)
- Employer matching or discretionary contributions
- Pre-marital vs. post-marital earnings and contributions
Failing to distinguish between these can create confusion or disputes with the plan administrator — or worse, an incorrect division.
2. Vesting and Forfeitures Can Impact the Award
With plans like the Terteling Employees’ Profit Sharing and Thrift Savings Plan, employer contributions may be subject to a vesting schedule. This means the participant doesn’t own 100% of their employer-funded benefits until after several years of service.
A QDRO must never award the alternate payee any unvested benefits. If they are awarded and later forfeited, it can leave the non-employee spouse with nothing for that portion. It’s important to request the participant’s current vesting schedule and recent account statements before drafting anything.
3. Loans Against the Account Can Affect Division
If the participant took out a loan from the plan, that loan balance must be addressed. Otherwise, you might end up dividing a balance that’s already reduced by the loan.
- Is the loan pre- or post-divorce?
- Should the alternate payee share in the debt?
- Will the participant be responsible for repayment even after division?
These are all critical points that must be clarified in both your divorce judgment and the QDRO itself.
4. Roth vs. Traditional 401(k) Funds
The Terteling Employees’ Profit Sharing and Thrift Savings Plan may allow Roth contributions. These are after-tax dollars, with very different tax implications compared to traditional 401(k) funds.
Your QDRO should clearly specify how each account type is to be divided. You also need to ensure that the alternate payee’s portion maintains its tax status — Roth portions as Roth, traditional as traditional. Mixing these up can trigger unexpected tax liabilities.
QDRO Process for Corporate-Sponsored Plans
Because The terteling company, Inc. is a corporation — not a union or governmental agency — this QDRO will be subject to ERISA and Internal Revenue Code rules. Here’s how the process typically works:
Step 1: Collect Plan Information
You’ll need the plan name, plan number, EIN, and current plan administrator contact information. If the plan number or EIN for the Terteling Employees’ Profit Sharing and Thrift Savings Plan isn’t listed in your divorce paperwork or plan disclosures, you may need to contact HR or request a Summary Plan Description.
Step 2: Draft the QDRO
The order must clearly identify the alternate payee, describe the type of benefits being divided, specify the benefit amount or percentage, and comply with the plan’s own rules. Don’t forget to address vesting, loans, and account types.
Step 3: Submit for Preapproval (If Available)
Some plan administrators offer preapproval before court filing. If the Terteling Employees’ Profit Sharing and Thrift Savings Plan accepts draft review, we highly recommend it. This avoids unnecessary rejections and delays later on.
Step 4: Court Filing
Once approved or verified as correctly drafted, the QDRO must be signed by the judge handling your divorce. Then, file the order with the court — properly docketed and dated.
Step 5: Final Submission and Processing
The QDRO should be sent to the plan administrator along with any required documentation. Follow up to ensure they acknowledge receipt and begin processing the division. This can take weeks or even months, depending on plan processing timelines.
Common Mistakes to Avoid
Many people assume that simply dividing the retirement balance “50/50” is enough. It’s not — especially with a profit sharing plan like the Terteling Employees’ Profit Sharing and Thrift Savings Plan. Here are key mistakes to avoid:
- Failing to correctly identify Roth vs. traditional funds
- Overlooking unvested employer contributions
- Ignoring existing loan balances
- Submitting generic or boilerplate QDRO language
- Not considering gains and losses post-division date
We cover more of these on our resource page: Common QDRO Mistakes.
Why Choose PeacockQDROs?
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 your plan involves tricky vesting schedules, loan balances, or mixed account types, we’ll make sure every detail is right so that your division is effective and enforceable.
If you’re wondering how long the process takes, check out our breakdown of the 5 factors that determine how long it takes to get a QDRO done.
Final Thoughts
Dividing the Terteling Employees’ Profit Sharing and Thrift Savings Plan during divorce requires careful planning. Every choice in your QDRO matters — from specifying contribution types to handling loan debt. Don’t risk costly delays or denials with a basic, fill-in-the-blank form.
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 Terteling Employees’ Profit Sharing and Thrift Savings 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.