Understanding How to Divide the Royal Harvest Foods Retirement Savings Plan in Divorce
If you’re going through a divorce and either you or your spouse has a 401(k) under the Royal Harvest Foods Retirement Savings Plan, there are specific legal and procedural steps needed to ensure the retirement assets are divided properly. This plan, sponsored by 90 meats Inc., requires a Qualified Domestic Relations Order (QDRO) for division. In this article, we’ll explain what that means, how to handle contributions, vesting, loans, and Roth balances, and what makes this plan unique from a QDRO perspective.
Plan-Specific Details for the Royal Harvest Foods Retirement Savings Plan
Before drafting a QDRO, it’s critical to understand the specifics of the retirement plan involved. Here’s what we know about the Royal Harvest Foods Retirement Savings Plan:
- Plan Name: Royal Harvest Foods Retirement Savings Plan
- Sponsor: 90 meats Inc.
- Address: 20250701134005NAL0018553008001, 2024-01-01
- EIN: Unknown (must be obtained when submitting a QDRO)
- Plan Number: Unknown (required for QDRO submittal)
- Industry: General Business
- Organization Type: Corporation
- Participants: Unknown
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Status: Active
- Assets: Unknown
These gaps mean parties dividing this plan in divorce must obtain a full plan statement with all relevant details before drafting a QDRO. Failure to include the plan number or EIN can lead to rejection or delay.
Why a QDRO is Required
A QDRO is the only way a former spouse (called the “alternate payee”) can legally receive a share of a participant’s 401(k) from the Royal Harvest Foods Retirement Savings Plan without triggering taxes or penalties. It directs the plan administrator to divide the account while protecting its tax-deferred or Roth-qualified status.
Without a valid QDRO, the plan cannot release funds to the ex-spouse—even if your divorce judgment says they should. That’s why having a QDRO isn’t optional if you want to divide this plan. It’s legally required.
Key QDRO Strategies for 401(k) Plans Like the Royal Harvest Foods Retirement Savings Plan
1. Dividing Employee and Employer Contributions
Most 401(k) accounts consist of employee contributions (what the participant put in) and employer contributions (matches or profit-sharing from 90 meats Inc.). Your QDRO can address both kinds of funds, but be mindful:
- Employer contributions may be subject to vesting. Only the vested portion can be awarded to a former spouse.
- If there’s a desire to divide only employee contributions, that can be stated clearly in the order.
- Using a date of division (such as date of separation, date of divorce, or current date) helps ensure accuracy.
2. Handling Vesting Schedules and Forfeitures
Vesting schedules determine how much of the employer’s contributions the employee gets to keep over time. If your divorce occurs before full vesting, the former spouse can only be awarded the vested portion as of your selected division date. The rest is forfeited. Make sure your QDRO specifies this to avoid disputes down the line.
We often advise clients to request a statement from the plan administrator showing exact vested portions as of the proposed division date before finalizing the QDRO terms.
3. Addressing Outstanding Loans From the Plan
If the participant took a loan from their 401(k), that balance can complicate division. You have two options:
- Include the loan as part of the account: This may result in the alternate payee receiving a smaller percentage since the loan reduces the overall account balance.
- Exclude the loan from the QDRO amount: This treats the loan as the participant’s sole obligation and protects the alternate payee from any reduction.
Your QDRO should explicitly state how to treat loan balances. Otherwise, the plan might apply its own default method—which may not align with the divorce agreement.
4. Roth vs. Traditional Subaccounts
The Royal Harvest Foods Retirement Savings Plan may include both traditional (pre-tax) and Roth (post-tax) subaccounts. This matters because:
- Roth accounts maintain their tax-free treatment during distribution if handled properly.
- QDROs should clearly state whether the division applies to both subaccounts or only one type.
- If dividing by percentage, it must be clear whether the percentage applies equally across all account types.
If the QDRO is silent on this, the plan’s administrator may interpret it in a way that doesn’t reflect the court’s intent.
How PeacockQDROs Handles the Entire QDRO Process
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. From initial consultation to final confirmation from the Royal Harvest Foods Retirement Savings Plan’s administrator, we make sure your QDRO gets done correctly—and efficiently.
Common QDRO Mistakes with 401(k) Plans
We’ve seen divorcing spouses make the same mistakes over and over. Here are a few pitfalls to avoid:
- Not specifying vesting and loan treatment clearly
- Failing to divide Roth and traditional balances properly
- Using outdated or incomplete plan information
- Assuming the divorce decree alone is enough to divide a 401(k)
For more pitfalls and how to avoid them, check out our guide to common QDRO mistakes.
Documents You’ll Need to Divide the Royal Harvest Foods Retirement Savings Plan
To file a QDRO, you’ll typically need:
- The most recent statement for the participant’s 401(k)
- The full name and address of both parties
- The court-filed divorce judgment or separation agreement
- The plan number and sponsor EIN—required when submitting the QDRO
If you don’t have the EIN or plan number, contacting the HR or benefits department at 90 meats Inc. will be necessary. This is especially true for plans in the General Business industry, where administrative contact points may vary.
How Long Will This Take?
The QDRO timeline depends on several factors, including court backlog, plan review procedures, and how quickly the parties respond. Learn more about what impacts timing in our article: 5 Factors That Determine How Long It Takes to Get a QDRO Done.
Final Thoughts
Dividing a 401(k) plan like the Royal Harvest Foods Retirement Savings Plan in divorce requires careful planning, detailed drafting, and consideration of vesting, loans, and subaccounts. A proper QDRO is key to protecting both parties and ensuring the division complies with federal law and the plan’s policies.
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 Royal Harvest Foods Retirement Savings 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.