Understanding QDROs and the Servpro Industries, LLC 401(k) Plan
Dividing retirement assets during a divorce isn’t just about splitting numbers—it’s about doing it right. When one or both spouses have a 401(k) plan, like the Servpro Industries, LLC 401(k) Plan, a Qualified Domestic Relations Order (QDRO) is essential to divide those accounts legally and without tax penalties. Whether you’re the spouse who earned the benefit or the one entitled to a share, understanding how a QDRO works is the key to protecting your rights.
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 Servpro Industries, LLC 401(k) Plan
- Plan Name: Servpro Industries, LLC 401(k) Plan
- Sponsor Name: Servpro industries, LLC 401k plan
- Address: 20250714101513NAL0001504352001
- Plan Year: 2024-01-01 to 2024-12-31
- Start Date: 1984-07-01
- Industry: General Business
- Organization Type: Business Entity
- Plan Status: Active
- EIN: Unknown (Required for QDRO submission)
- Plan Number: Unknown (Required for QDRO submission)
For any QDRO involving the Servpro Industries, LLC 401(k) Plan, additional research may be necessary to identify the EIN and plan number, as these are critical for preparing and processing the QDRO correctly. At PeacockQDROs, we’re skilled at locating this type of missing plan information for our clients.
What Is a QDRO and Why It Matters
A QDRO is a court order that allows a retirement plan, like the Servpro Industries, LLC 401(k) Plan, to pay part of a participant’s benefits to a former spouse (the “alternate payee”). Without a QDRO, dividing 401(k) funds in a divorce would result in tax penalties and violations of federal law, meaning neither spouse gets what they’re entitled to properly.
Key Aspects of Dividing the Servpro Industries, LLC 401(k) Plan
Employee and Employer Contributions
The Servpro Industries, LLC 401(k) Plan likely includes both employee deferrals and employer matching or discretionary contributions. These two types of amounts should be reviewed separately when dividing the account. Only contributions made and vested during the marriage are typically divided in community property/joint property states. Employer contributions are subject to a vesting schedule, which could impact what is actually divided.
Vesting Schedules and Non-Vested Amounts
Many 401(k) plans use graded or cliff vesting schedules. That means some or all of the employer contributions may not yet belong to the employee. If improperly handled, a QDRO could award the alternate payee a share of funds that don’t legally belong to the participant yet. That’s why it’s vital to include vesting language that considers whether non-vested amounts should be addressed now or deferred until future vesting occurs.
Outstanding Loan Balances
If the participant took a loan from their 401(k) account, its balance must be factored into the QDRO. Some divorce settlements specify the alternate payee’s share should come from the “gross” account balance (before deducting the loan), while others use the “net” (after the loan has been subtracted). This is a serious issue, and plan administrators often reject QDROs that don’t give clear instructions on this point.
Roth vs. Traditional 401(k) Assets
The Servpro Industries, LLC 401(k) Plan may include both Roth and traditional contribution types. Roth 401(k) funds are after-tax, while traditional 401(k) funds are pre-tax. The two types are taxed differently upon distribution and often must be calculated and sorted individually for division. It’s essential to specify in the QDRO how each fund type will be allocated. For example, should each type be divided proportionally or separately?
How to Structure Your Servpro Industries, LLC 401(k) Plan QDRO
Percentage or Fixed Dollar Division
The plan can be divided by percentage (e.g., 50% of marital balance) or by a fixed dollar amount (e.g., $75,000 of the 401(k)). Make sure it’s based on a specific “valuation date,” such as date of separation, date of judgment, or another agreed upon date. Without this, different interpretations can arise and the administrator may default to a less desirable date.
Define Marital/Community Property Timeframe
If you were married from 2008 to 2023 and want to divide just the contributions and earnings from that time, the order should clearly spell that out. A failure to define the correct marital time period can result in post-marital (or premarital) earnings being included or excluded in error.
Survivor Benefits and Beneficiary Language
In some QDROs, the alternate payee may want to preserve certain beneficiary rights in case the participant dies before the division is complete. While most 401(k) plans are participant-account-based and do not have classic survivor annuities, some QDROs still include provisions to protect the alternate payee’s share if the participant passes away before the transfer.
Addressing Plan Fees
Some 401(k) plans charge processing fees for implementing a QDRO. You can decide—either in your order or in your divorce judgment—whether those fees will be split or paid entirely by the participant or alternate payee. The plan won’t make this decision for you—the QDRO must say.
Avoiding Common Errors in QDROs
We’ve seen many QDROs rejected for the following reasons:
- Omitting plan name or using the wrong one
- Failing to specify net vs. gross balance with loans
- Ignoring Roth versus traditional account balances
- Lack of a clear valuation date
- Failing to address vesting or unvested employer funds
Learn more about the most common QDRO mistakes and how to avoid them.
How Long Does the QDRO Process Take?
Several factors impact how fast a QDRO for the Servpro Industries, LLC 401(k) Plan can be completed—from responsiveness of the parties and their attorneys, to how cooperative the plan administrator is with preapproval procedures. We break down the timeline expectations in our article: 5 Factors That Determine How Long It Takes to Get a QDRO Done.
Why Choose PeacockQDROs for Your Servpro Industries, LLC 401(k) Plan QDRO
We don’t believe in half-done jobs. When you work with PeacockQDROs, you get a full-service team that:
- Drafts your QDRO based on the actual marital timeline and plan terms
- Secures preapproval from the plan (if the plan offers it)
- Handles all court filing and judgment entry needs
- Submits the signed QDRO to the plan for final review and implementation
- Follows up until it’s officially processed—no guessing, no wondering
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way.
Next Steps
Before your Servpro Industries, LLC 401(k) Plan gets divided, let us help clarify the details. Start here: QDRO resources or contact us directly to discuss your situation with one of our QDRO professionals.
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 Servpro Industries, LLC 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.