Introduction
If you’re going through a divorce and your spouse has a retirement account through their job, you may be entitled to a portion of it. One of the most important legal tools in this process is the Qualified Domestic Relations Order (QDRO). When it comes to dividing a 401(k) like the New Kingston Logistics 401(k) Plan, drafting the right QDRO is key to ensuring you receive what you’re owed — without triggering taxes or penalties.
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 New Kingston Logistics 401(k) Plan
Before going any further, here’s a summary of what we know about this retirement plan:
- Plan Name: New Kingston Logistics 401(k) Plan
- Sponsor: Unknown sponsor
- Address: 20250701080807NAL0006621955001, effective as of 2024-01-01
- Plan Type: 401(k) Plan
- Industry: General Business
- Organization Type: Business Entity
- Status: Active
- Participants: Unknown
- Plan Year: Unknown to Unknown
- EIN and Plan Number: Unknown (must be obtained for QDRO processing)
Because some critical information—like the EIN and plan number—is missing, those will need to be confirmed to properly complete the QDRO. A QDRO can’t be executed without these identifiers.
Understanding How 401(k) Accounts Are Divided in Divorce
A 401(k) account like the New Kingston Logistics 401(k) Plan can contain several different types of contributions and account features. That’s why the QDRO must carefully detail what the alternate payee is to receive. Here are the key areas to consider:
Employee Contributions vs. Employer Contributions
Most 401(k) plans include both employee contributions (what the employee defers from their paycheck) and employer contributions (matched or profit-sharing contributions). When dividing the plan, you need to determine:
- Whether the QDRO includes both employee and employer contributions
- Whether it covers the entire account balance or only the portion accrued during the marriage
Vesting of Employer Contributions
Employer contributions to 401(k) plans often come with vesting schedules. An employee only “owns” the portion of contributions they’ve vested in, typically based on years of service. If you’re divorcing and your spouse hasn’t fully vested in their employer match, the unvested portion may never become part of the divisible marital estate. This must be clarified in your QDRO.
401(k) Loan Balances
If the participant has taken a loan from the New Kingston Logistics 401(k) Plan, that loan affects the account balance. A common question is: Will the alternate payee share in the loan obligation? The answer should be spelled out in the QDRO. Possible options include:
- Dividing the account balance net of the loan
- Dividing the gross balance and treating the loan as the participant’s separate responsibility
Roth vs. Traditional Contributions
Many modern 401(k)s have a Roth subaccount alongside the traditional pre-tax account. These have different tax treatments: Roth withdrawals are typically tax-free, while traditional components are taxed as income when withdrawn. Your QDRO must specify which type of funds are being divided—and whether the order applies to pre-tax, Roth, or both.
How to Get a QDRO for the New Kingston Logistics 401(k) Plan
The process for getting a QDRO approved and implemented involves several steps. Here’s how it works, and how the PeacockQDROs team can help at every stage:
Step 1: Gather Plan Information
Before we can draft a QDRO, we need the following:
- The full legal name of the plan: New Kingston Logistics 401(k) Plan
- The sponsor’s legal name: Unknown sponsor
- The EIN and Plan Number (a call to the employer or plan administrator can usually get these)
Step 2: Define the Division
The QDRO should reflect the terms of your divorce judgment. Common division methods include:
- Dollar amount: A flat dollar value, such as “$50,000 from the participant’s 401(k).”
- Percentage: A percent of the marital or total account balance.
- Coverture fraction: For divisions limited to the portion earned during the marriage.
Step 3: Draft and Submit for Preapproval (if Available)
Some plan administrators offer a preapproval process. This reduces the chance the court-approved order will later be rejected. At PeacockQDROs, we handle this communication for you if preapproval is an option.
Step 4: Court Filing and Certification
Once the order is ready, we file it with the appropriate court for the judge’s signature. The signed order must be certified and sent to the plan administrator. We take care of all of that as your full-service QDRO team.
Step 5: Final Approval and Processing
After the administrator approves the QDRO, they implement the division. The alternate payee may roll over their portion into an IRA or withdraw funds (tax consequences may apply). We help track the status and ensure the funds are properly distributed.
Avoiding Common QDRO Mistakes
We’ve seen too many people deal with rejected or incomplete QDROs—costing them time and money. Learn from the common mistakes others have made:
- Not specifying Roth vs. traditional accounts
- Failing to address loans on the 401(k)
- Assuming vesting means ownership
- Using outdated plan names or incorrect plan sponsors
Here’s a helpful breakdown of other common QDRO mistakes to avoid.
How Long Does the QDRO Process Take?
Timeframes can vary. Here are some key factors that affect QDRO timelines:
- Whether your divorce judgment includes the terms needed
- Whether the plan offers preapproval
- How long local courts take to process filings
- The plan administrator’s review process
At PeacockQDROs, we stay on top of every detail to move things forward efficiently while making sure it’s done right.
We’re Here to Help
The New Kingston Logistics 401(k) Plan is an active employer-sponsored 401(k) for a General Business industry organization. Given the added complexity of employer matching, possible loan balances, and Roth funds, any QDRO dividing this plan must be drafted with extra care.
At PeacockQDROs, we maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. Whether you’re a family law attorney, divorce mediator, or an individual trying to get your fair share, we’re ready to help. Start with our QDRO services overview, or contact us directly here.
Final Call to Action
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 New Kingston Logistics 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.