Dividing retirement assets is one of the most technical—and often misunderstood—parts of divorce. This is especially true when dealing with 401(k) plans like the Wentworth Senior Living 401(k) Savings and Retirement Plan, which can include multiple account types, vesting schedules, employer contributions, and even loans. If you’re in the process of a divorce and one or both spouses hold assets in this specific plan, you’ll need a Qualified Domestic Relations Order (QDRO) to divide the funds legally and correctly.
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 Wentworth Senior Living 401(k) Savings and Retirement Plan
Here’s what we know about this specific 401(k) plan:
- Plan Name: Wentworth Senior Living 401(k) Savings and Retirement Plan
- Sponsor: Unknown sponsor
- Address: 20250729143728NAL0001404755001, 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
Although we don’t have all the details (like Plan Number or EIN), they are required for a QDRO and can usually be obtained by the employee or attorney through HR, financial statements, or plan summaries.
What Is a QDRO and Why Do You Need One?
A Qualified Domestic Relations Order (QDRO) is a court order required to divide retirement benefits like a 401(k) without incurring early withdrawal penalties or triggering taxes. The plan administrator—here, the one overseeing the Wentworth Senior Living 401(k) Savings and Retirement Plan—must approve the QDRO before any funds can be distributed to the non-employee spouse (also known as the “alternate payee”).
Key 401(k) Considerations in Divorce
Dividing a 401(k) plan in divorce can be tricky because of the variety of account features and types. Below are specific concerns when dealing with the Wentworth Senior Living 401(k) Savings and Retirement Plan.
Employee and Employer Contributions
The employee’s own contributions are always included in a QDRO—those are fully vested. The complexity often lies in how to deal with employer contributions. Many 401(k) plans, especially in the general business sector, include employer matching or profit-sharing contributions subject to a vesting schedule. If the divorce occurs before full vesting, the employee spouse may lose part of the employer match. A properly drafted QDRO should only divide the vested balance unless both parties agree otherwise in the divorce judgment.
Loan Balances
Another often-overlooked issue is outstanding loans. If the employee spouse has borrowed from the Wentworth Senior Living 401(k) Savings and Retirement Plan, those loans reduce the account’s value. The QDRO should clearly state whether the loan balances are included or excluded in the division. This can significantly affect what the alternate payee receives and needs to be negotiated in the divorce. For example, if the plan balance is $100,000 but there’s a $20,000 loan, is the $50,000 each party expects really $50,000 gross, or is it net of the loan?
Roth vs. Traditional Accounts
Many modern 401(k) plans offer both traditional (pre-tax) and Roth (after-tax) subaccounts. It’s important the QDRO specifies how each type of account will be divided. Roth balances have already been taxed, so future withdrawals are tax-free. Traditional balances get taxed when withdrawn by the alternate payee. If the QDRO doesn’t separate them correctly, it can cause unintentional tax consequences later. At PeacockQDROs, we always request a breakdown from the administrator to ensure the proper distribution of each account type.
Vesting Schedules and Forfeitures
The Wentworth Senior Living 401(k) Savings and Retirement Plan may include employer contributions that aren’t fully vested. When an employee leaves the job or divorces before reaching full vesting, some of the employer’s money might be forfeited. A QDRO cannot award unvested funds, so timing matters. If you’re negotiating how to split the retirement plan and you’re near a vesting milestone, it’s worth considering whether to hold off on final division.
What You’ll Need to File a QDRO for This Plan
Before drafting the QDRO for the Wentworth Senior Living 401(k) Savings and Retirement Plan, gather the following:
- Full legal names and addresses of both spouses
- Social Security Numbers (excluded from final public filings but required for internal use)
- Exact plan name: Wentworth Senior Living 401(k) Savings and Retirement Plan
- Sponsor name: Unknown sponsor
- Plan Number (request from HR or financial documents)
- Plan’s EIN (also available from plan summary documents or HR)
- Most recent account statements showing balances and loan amounts
- A copy of the divorce judgment outlining distribution terms
QDRO Drafting Tips for the Wentworth Senior Living 401(k) Savings and Retirement Plan
Working with a 401(k) plan offered by a business entity in the general business sector requires special attention to precision in drafting. Here are a few tips we follow at PeacockQDROs:
- Be clear about valuation date—whether division is based on date of separation, divorce, or some other date
- Specify any inclusions or exclusions of outstanding loan balances
- Separate Roth and traditional accounts if present
- Confirm whether survivor benefits, gains/losses, and earnings post-division date are included
- Include default provisions in case one party cannot be located after the QDRO is issued
How Long Does the QDRO Process Take?
The timeline depends on several factors, including how responsive the plan administrator is and whether they require pre-approval. We wrote an article breaking this down in detail—check out the 5 key timing factors here.
In general, you should expect between 60 and 120 days from drafting to execution, assuming all documents are in place and there are no unusual plan restrictions.
Common Mistakes to Avoid
We see the same errors over and over again in poorly prepared QDROs.
Don’t fall into these traps:
- Using the wrong plan name (must use “Wentworth Senior Living 401(k) Savings and Retirement Plan”)
- Failing to confirm the existence of Roth balances before dividing
- Overlooking loan balances and their effect on total value
- Failing to obtain plan administrator approval before submitting to court (when applicable)
To avoid these, check out our article on Common QDRO Mistakes.
Why Work with PeacockQDROs?
We don’t just throw together a QDRO template and send you off to file it on your own. At PeacockQDROs, we provide full-service QDRO handling from start to finish. That includes:
- Drafting the QDRO specifically tailored to the Wentworth Senior Living 401(k) Savings and Retirement Plan
- Obtaining pre-approval from the administrator (if offered)
- Filing with the court system in your state
- Communicating with the plan to enforce compliance until funds are paid
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. You can learn more about our QDRO services here or contact us directly if you need help.
Final Thoughts
The Wentworth Senior Living 401(k) Savings and Retirement Plan includes many of the common challenges we see in 401(k) QDROs, especially given the unknowns in sponsor and plan number. Make sure your QDRO is drafted carefully, reviewed for compliance with this specific plan’s rules, and followed through until payment is made. That’s what we do—and we do it well.
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 Wentworth Senior Living 401(k) Savings and Retirement 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.