What Is a QDRO and Why Do You Need One?
When going through a divorce, dividing retirement assets can be one of the most confusing and contentious parts of the settlement. If your spouse has a retirement account like the Authentic8, Inc.. 401(k) Plan, you’ll likely need a Qualified Domestic Relations Order, or QDRO, to legally divide those funds.
A QDRO is a special court order used in divorce cases to give one spouse (called the “alternate payee”) a share of the other spouse’s retirement benefits. Without a QDRO, you can’t legally receive funds from a 401(k) plan—even if your divorce agreement says you’re entitled to them.
Plan-Specific Details for the Authentic8, Inc.. 401(k) Plan
Before drafting a QDRO, it’s critical to get familiar with the specific details of the plan being divided. Here’s what is known about this plan:
- Plan Name: Authentic8, Inc.. 401(k) Plan
- Sponsor: Authentic8, Inc.. 401(k) plan
- Address: 333 Twin Dolphin Dr
- Industry: General Business
- Organization Type: Corporation
- Plan Status: Active
- Dates Active: 2012-01-01 to 2024-12-31
- Plan Year: Unknown
- Participants: Unknown
- Assets: Unknown
- Plan Number and EIN: These will be required and must be obtained as part of the QDRO process.
Because this plan is offered by a General Business corporation, it’s structured like most standard 401(k) plans, with both employee and employer contributions, possible vesting schedules, and perhaps multiple sub-accounts like pre-tax and Roth funds. These components all impact how your QDRO needs to be written.
Important Considerations When Dividing the Authentic8, Inc.. 401(k) Plan
Not all 401(k)s are created equal. Dividing the Authentic8, Inc.. 401(k) Plan in divorce requires close attention to four key areas: contribution types, vesting, loans, and Roth sub-accounts.
1. Employee and Employer Contributions
401(k) accounts like the Authentic8, Inc.. 401(k) Plan typically consist of both employee deferrals and employer matching or profit-sharing contributions. While 100% of employee contributions are immediately owned by the participant, employer contributions may be subject to vesting.
The QDRO must specify whether the award includes only the vested portion of employer contributions or whether the alternate payee will share in future vesting. This often depends on the divorce negotiation and the participant’s tenure with the company.
2. Vesting Schedules and Forfeiture Risk
401(k) plans generally include vesting schedules for employer contributions. If the participant hasn’t worked at Authentic8, Inc.. long enough, some of those employer-funded contributions may not be “owned.” In those cases, they could be forfeited if the participant leaves the company prematurely.
It’s crucial to determine the participant’s current vesting status. We’ve seen ex-spouses awarded a portion of retirement benefits in the divorce decree, only to find out later that those funds never actually vest. Your QDRO should make this clear.
3. Loan Balances and QDRO Offsets
Does the participant have an outstanding loan from their Authentic8, Inc.. 401(k) Plan account? This impacts how much is available to divide. The QDRO must define whether:
- The alternate payee’s share is calculated before or after subtracting the loan balance
- The loan should be treated as a marital debt
401(k) loans are a common source of surprise during QDRO drafting. Make sure the QDRO reflects the intent of your divorce judgment when it comes to handling loans.
4. Roth 401(k) vs. Traditional 401(k)
The Authentic8, Inc.. 401(k) Plan may include both pre-tax (traditional) and after-tax (Roth) contributions. These account types are taxed differently, and that affects the alternate payee.
Your QDRO should include clear language about whether the division applies proportionally to all account types or just certain ones. The plan administrator will only implement what’s written in the order—so don’t leave this vague.
Documentation You’ll Need
To prepare an accurate QDRO, you or your attorney will need:
- A copy of the most recent 401(k) statement
- The participant’s plan enrollment summary or a summary plan description
- Vesting breakdown (usually found in HR or benefits portal)
- The formal plan number and EIN (required for submission)
The plan number and EIN for Authentic8, Inc.. 401(k) Plan aren’t publicly listed, but these can be obtained by requesting documents from the plan sponsor or through a subpoena if needed.
QDRO Best Practices for Dividing the Authentic8, Inc.. 401(k) Plan
401(k) QDROs are nuanced—and mistakes are expensive. At PeacockQDROs, we help clients align their QDROs with the divorce judgment, plan rules, and IRS/Treasury requirements.
Best Practices:
- Account for all contribution types (traditional, Roth, employer match)
- Clarify the treatment of outstanding loans
- Confirm and document vesting status
- Make the calculation method (percentage, exact amount, gain/loss treatment) explicit
- Obtain plan administrator pre-approval when possible
Common Mistake? Trying to DIY a QDRO with the divorce attorney or mediator, only to discover later that it doesn’t match what the plan administrator accepts. Read about other mistakes to avoid on our Common QDRO Mistakes page.
How Long Does It Take to Get a QDRO Done?
The timeline varies, especially if the QDRO requires revisions due to vague or conflicting language. See our guide to the 5 factors that determine how long it takes to finalize a QDRO.
At PeacockQDROs, we draft your order, seek preapproval (if the plan allows it), file it with the correct court, and follow up with Authentic8, Inc.. 401(k) plan until it’s processed. That’s what sets us apart—many services stop at the draft stage and leave you to fight your way through court and HR on your own.
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 drafting, court filing, follow-up with Authentic8, Inc.. 401(k) plan, and everything in between. 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 the assets are large or modest, our goal is to protect your rights and give you peace of mind.
Learn more here: QDRO Services
Final Advice on Dividing the Authentic8, Inc.. 401(k) Plan
Dividing a 401(k) through a divorce is not a do-it-yourself project. The specific language and strategy used in your QDRO will have long-term consequences for your retirement income. The Authentic8, Inc.. 401(k) Plan may include complex components like unvested employer contributions, loan balances, or Roth accounts. If those aren’t addressed correctly, benefits could be lost—or even double counted.
Don’t leave your financial future to chance. It pays to work with professionals who do this every day and understand plan-specific nuances.
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 Authentic8, Inc.. 401(k) 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.