Introduction
When you’re going through a divorce, one of the most critical financial issues to sort out is how to divide retirement assets. The Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan is one such retirement asset that may be subject to division. If you or your spouse are participants in this plan sponsored by Wicklow & laurano landscape, LLC 401(k) profit sharing plan, you’ll need a Qualified Domestic Relations Order (QDRO) to legally and correctly divide the funds. In this article, we’re breaking down how that works—specifically for this plan.
Why You Need a QDRO for the Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan
A QDRO is a court order required to divide most employer-sponsored retirement plans, including 401(k)s. Without a QDRO, the plan administrator cannot legally pay a portion of the account to the non-employee spouse, referred to as the “alternate payee.” This means even if your divorce judgment says you get a share of the retirement, the plan administrator can’t release those funds without a valid QDRO.
Plan-Specific Details for the Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan
Here are the known details for the Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan:
- Plan Name: Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan
- Sponsor: Wicklow & laurano landscape, LLC 401(k) profit sharing plan
- Address: 20250424081955NAL0015858130001, 2024-01-01
- Organization Type: Business Entity
- Industry: General Business
- Plan Type: 401(k) Profit Sharing
- Status: Active
- Participants, EIN, Plan Number, and Plan Year: Unknown (these will be required for the QDRO and must be obtained from plan documents or the employer)
Key Considerations When Dividing a 401(k) Plan in Divorce
401(k) plans—especially those that include profit sharing like this one—come with unique features that must be addressed in a QDRO. Let’s go over the major factors you need to consider.
Employee and Employer Contributions
Most 401(k) accounts contain:
- Contributions made by the employee (the participant)
- Matching or other contributions from the employer
When dividing the Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan, the QDRO must be clear about whether it covers only the marital portion or the entire account, and whether employer contributions are included. If the employer contributions are not fully vested, the QDRO should specify that the alternate payee receives any future vesting only if permitted under the plan’s rules.
Vesting Schedules
Employer contributions are often subject to a vesting schedule based on years of service. If the participant isn’t fully vested, the alternate payee’s share could be affected. For example, if a participant only has 50% vested employer contributions, the unvested portion may remain with the plan if the employee leaves before full vesting, unless otherwise specified in the plan rules.
Loan Balances
If the participant has taken a loan from the 401(k), this reduces the account balance available for division. The QDRO must decide whether the loan balance is considered marital property and how it affects the alternate payee’s share. You’ll also need to clarify whether the division is calculated before or after deducting the outstanding loan amount.
Roth vs. Traditional 401(k) Contributions
The Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan may include both traditional pre-tax contributions and Roth after-tax contributions. These are treated differently for tax purposes, so the QDRO must include specific language about how each component is to be divided. A flat percentage split across both types might not be advisable if one party depends on the tax characteristics for future planning.
QDRO Process for This Plan
Step 1: Drafting the QDRO
You can’t use a generic QDRO template for a plan like this. It needs to include plan-specific language and meet the administrator’s requirements. Missing details—such as loan balance treatment or account type distinctions—can result in rejection and delays.
Step 2: Preapproval (if applicable)
Some plans offer a pre-approval process before the court signs the QDRO. We recommend taking advantage of this if the Wicklow & laurano landscape, LLC 401(k) profit sharing plan administrator provides the option to help avoid post-court rejection.
Step 3: Obtain Court Approval
Once the QDRO is correctly drafted (and preapproved, when possible), it must be filed with and signed by the court. This makes the document legally binding.
Step 4: Submit to Plan Administrator
Submit the signed QDRO to the plan for review and implementation. The administrator will process the division and set up an account for the alternate payee, if applicable.
Common QDRO Mistakes to Avoid
QDROs for 401(k) plans like the Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan frequently get bounced back for the following reasons:
- Failing to account for unvested employer contributions
- Ignoring outstanding loan balances
- Not distinguishing between Roth and traditional accounts
- Incorrect or missing plan identification (EIN, plan number)
- Using vague language about division methods
See more about common issues here: Common QDRO Mistakes
How PeacockQDROs Can Help
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.
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. We know the retirement division process inside and out—and we understand the nuances of plans like the Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan.
Got questions about how long the process takes? Read our in-depth guide: 5 Factors That Determine QDRO Timing
Or explore general QDRO knowledge here: QDRO Resources
Documentation You’ll Need
To proceed with a QDRO for the Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan, make sure you gather:
- Latest retirement plan statement
- Summary Plan Description (SPD)
- EIN and Plan Number (ask HR or plan administrator)
- Loan documentation (if applicable)
- Copy of the divorce decree or settlement agreement
Final Thoughts
Dividing a 401(k) plan in divorce is never as simple as just applying a percentage split. You need to understand how vesting, contributions, loans, and tax treatment factor in. The Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing Plan is an active, employer-sponsored plan with its own set of rules and likely requires precise language in your QDRO.
Need Help with Your QDRO?
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 Wicklow & Laurano Landscape, LLC 401(k) Profit Sharing 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.