Introduction
Dividing retirement assets during divorce can be one of the most complicated and emotionally charged parts of the process. If either spouse has a 401(k) under the Kids in the Game Retirement Trust, the division must be handled with precision. This is where a Qualified Domestic Relations Order (QDRO) comes in—an official legal order that allows retirement benefits to be divided between spouses without early withdrawal penalties or tax consequences.
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 Kids in the Game Retirement Trust
Here’s what we know about the plan you may be dividing:
- Plan Name: Kids in the Game Retirement Trust
- Sponsor: Unknown sponsor
- Address: 20250801123046NAL0015822114001, as of 2024-01-01
- EIN: Unknown
- Plan Number: Unknown
- Industry: General Business
- Organization Type: Business Entity
- Participants: Unknown
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Status: Active
- Assets: Unknown
Despite some missing details, knowing that this is a 401(k) plan under a general business employer helps inform the QDRO process. These plans involve specific issues like employer contributions, vesting schedules, and possible loan balances that must be addressed clearly.
Understanding 401(k) QDRO Basics
A QDRO allows the division of a retirement account like the Kids in the Game Retirement Trust between divorcing spouses. The order must be approved by both the court and the plan administrator, and it should comply with federal law (ERISA) and the specific plan’s rules.
Who Can Receive a Share?
The person receiving a share of the plan is called the “alternate payee”—usually the ex-spouse. The plan participant is the employee whose name the account is under. With a proper QDRO, the alternate payee can receive their portion without taxes or penalties (as long as the money remains in a retirement account).
Key QDRO Concerns for 401(k) Plans
1. Dividing Employee vs. Employer Contributions
One of the first things to clarify in a QDRO for the Kids in the Game Retirement Trust is how to handle contributions made by both the employee and the employer. The division can be based on:
- A percentage of the total balance as of a specific date (often the date of separation or divorce)
- A dollar amount
- A formula tied to contributions made during the marriage
If only employee contributions are to be divided, this needs to be clearly stated. Many spouses mistakenly assume they’re entitled to the entire balance—including amounts contributed before the marriage or after separation. This is why precision in drafting matters.
2. Addressing Vesting Schedules and Forfeiture
Vesting refers to how much of the employer contributions the participant actually owns. In many 401(k) plans—especially those offered through general business employers like the one behind Kids in the Game Retirement Trust—employer contributions become vested over time. If a participant leaves before full vesting, some employer contributions may be forfeited.
The QDRO must reflect vested vs. unvested amounts and typically limits division to the vested portion. We often include backup language so that the alternate payee isn’t entitled to unvested employer contributions that the participant eventually forfeits.
3. Handling Loan Balances
If the participant has taken out a loan against their 401(k), this impacts the divisible balance. For example, if the account shows a $100,000 balance but $20,000 has been borrowed, you’re really looking at an $80,000 net balance.
The QDRO needs to spell out how to handle this:
- Will the alternate payee share in the loan reduction?
- Or is the loan attributed only to the participant?
The decision should be based on when the loan was taken and how marital funds were involved. We always ask the right questions to draft QDROs that reflect equitable intent.
4. Roth vs. Traditional 401(k) Accounts
401(k) plans like Kids in the Game Retirement Trust may include both Roth and traditional (pre-tax) sources. Roth contributions are after-tax, whereas traditional contributions are taxable when withdrawn.
The QDRO should be drafted so that the alternate payee receives the correct portion from each source. This is critical because if not done properly, either spouse could face unexpected taxes or reporting problems.
Required Documentation
For a valid QDRO, you’ll need to provide as much of the following as possible to start the process:
- Participant’s full name, address, and Social Security Number
- Alternate payee’s full name, address, and Social Security Number
- Plan name: Kids in the Game Retirement Trust
- Plan sponsor: Unknown sponsor
- Plan number: Unknown
- EIN: Unknown
While some information may be missing, we can often retrieve critical plan documents or contact the administrator to verify requirements.
Timing and Processing Tips
People often ask how long this process takes. Our answer: it depends. Factors include court processing time, plan administrator review, and how quickly complete data is provided. For more info, read our article on 5 factors that determine QDRO timelines.
Common Mistakes to Avoid
Incorrect QDROs are one of the leading causes of delays or denial of benefits. We routinely correct orders prepared by non-specialists. Common issues include:
- Failing to account for vesting schedules
- Misstating the division formula
- Leaving out Roth-traditional distinctions
- Ignoring loan balances
- Not getting preapproval from the plan administrator
Check out our article on common QDRO mistakes for more examples and how to avoid them.
Why Choose PeacockQDROs?
At PeacockQDROs, we do it all—from plan evaluation to final payment processing. We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. If you need help dividing the Kids in the Game Retirement Trust, we’re here to support you every step of the way.
Check out our QDRO services or contact us directly to get started.
Final Thoughts
Dividing a retirement asset like the Kids in the Game Retirement Trust isn’t just about math—it’s about protecting rights and avoiding costly mistakes. With so many moving parts, including vesting, loan balances, and Roth distinctions, this isn’t something you want to guess at or leave to chance.
Let us help make the process clear, timely, and error-free.
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 Kids in the Game Retirement Trust, 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.