Dividing the Clean and Green Services, LLC 401(k) During Divorce
Divorce often brings the complex challenge of fairly dividing retirement assets. One key retirement asset that might be on the table is the Clean and Green Services, LLC 401(k). If one or both spouses have contributed to this plan, it needs to be addressed in the property division. The right legal tool for this situation is a Qualified Domestic Relations Order—commonly known as a QDRO.
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. You get a full-service approach to get it done right the first time.
What Is a QDRO?
A Qualified Domestic Relations Order (QDRO) is a court order that tells a retirement plan administrator how to divide a retirement account between divorcing spouses, or in some cases, to provide child or spousal support. Without a QDRO, plan administrators generally won’t (and legally can’t) honor a division of 401(k) assets to a former spouse.
For the Clean and Green Services, LLC 401(k), which is sponsored by Clean and green services, LLC 401(k), a QDRO is the mandatory legal instrument to execute a division of the account in divorce.
Plan-Specific Details for the Clean and Green Services, LLC 401(k)
- Plan Name: Clean and Green Services, LLC 401(k)
- Sponsor Name: Clean and green services, LLC 401(k)
- Sponsor Address: 20250613165351NAL0013723699001, 2024-01-01
- EIN: Unknown (required documentation)
- Plan Number: Unknown (required documentation)
- Industry: General Business
- Organization Type: Business Entity
- Plan Year: Unknown to Unknown
- Status: Active
This 401(k) plan is classified under a General Business industry operated by a Business Entity, which impacts plan rules, including vesting and employer contributions. If you’re seeking to divide this plan in a divorce, gathering the plan’s SPD (summary plan description), EIN, and plan number is essential before we can proceed with drafting the QDRO.
Important QDRO Considerations for 401(k) Plans
Not all 401(k) plans are structured the same, and the Clean and Green Services, LLC 401(k) is no exception. Whether you’re the participant or the non-employee spouse (the “alternate payee”), here are 4 key factors to address in any QDRO involving this plan:
1. Employee vs. Employer Contributions
Many 401(k) plans, particularly those in the private sector like this one, include both employee deferrals and employer matching or discretionary contributions. A common mistake is assuming all of it is divisible. However, employer contributions may be subject to a vesting schedule. Only the vested portion is eligible to be split via QDRO. It’s critical to request a statement or participant disclosure that fully separates employee and employer contributions and identifies vested versus unvested funds as of the division date.
2. Vesting Schedules and Forfeiture
In some cases, especially in newer plans or for newer employees, employer contributions may not be fully vested. If a QDRO attempts to divide unvested assets, and the participant separates from the company and forfeits those funds later, it could leave the alternate payee short-changed. The QDRO must protect against this by limiting division to vested amounts as of a specific date (often the date of divorce or separation).
3. Handling Outstanding Loans
If the participant has taken out a loan against their Clean and Green Services, LLC 401(k), it affects the account value. The loan balance is technically an asset and a debt—withdrawn funds that must be repaid. A well-drafted QDRO should specify whether the share awarded to the alternate payee includes or excludes outstanding loan balances. Ignoring this can cause serious disputes later during distribution.
4. Roth vs. Traditional 401(k) Accounts
401(k) plans often contain a blend of pre-tax (Traditional) and post-tax (Roth) contributions. The Clean and Green Services, LLC 401(k) may contain both. When dividing the account, the QDRO should specify how Roth and Traditional balances are to be handled. Roth funds generally retain their tax-free character if rolled over properly, but mishandling this can result in unexpected taxes. The plan administrator usually requires separate tracking of each portion.
Steps to Divide the Clean and Green Services, LLC 401(k)
Here are the general steps you’ll follow to ensure assets in the Clean and Green Services, LLC 401(k) are properly divided:
- Request the plan’s QDRO procedures, SPD, and a participant statement from the plan administrator.
- Determine the correct division terms (usually via your divorce settlement agreement).
- Use a qualified attorney or QDRO specialist (like us at PeacockQDROs) to draft the QDRO in accordance with plan-specific rules.
- Submit the draft for preapproval, if the plan administrator allows/requests it.
- File the QDRO with the court and obtain the judge’s signature.
- Send the signed QDRO to the plan administrator for implementation.
For more on what can slow down the process, review our guide on the 5 factors that determine how long it takes to get a QDRO done.
Common Pitfalls When Splitting the Clean and Green Services, LLC 401(k)
Over the years, we’ve seen mistakes that can delay or even derail the QDRO process. These are the common QDRO pitfalls we help clients avoid:
- Using the wrong plan name or sponsor—always reference it exactly as: Clean and Green Services, LLC 401(k), sponsored by Clean and green services, LLC 401(k)
- Failing to consider vesting status of employer contributions
- Not addressing loan balances in the QDRO language
- Not specifying treatment of Roth vs. Traditional accounts
- Assuming an equal division rather than the terms of your settlement
To avoid these and other mistakes, take a moment to review our resource on common QDRO mistakes.
We Take the Stress Out of the QDRO Process
QDROs don’t need to be overwhelming. At PeacockQDROs, we make it as simple and stress-free as possible. We handle every step, and we communicate with you throughout. Our approach is different from firms that only prepare the paperwork and leave it up to you to handle the courts and the plan. We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way.
Learn more about how our full-service QDRO solutions work here: https://www.peacockesq.com/qdros/.
Final Thoughts
Dividing a 401(k) like the Clean and Green Services, LLC 401(k) requires more than just filling out a form. You need a well-drafted QDRO that takes into account contribution sources, vesting, loans, and account types. If these aren’t handled properly, you risk financial losses, tax consequences, and long delays in accessing funds.
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 Clean and Green Services, LLC 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.