Understanding QDROs and the Allan Myers Hourly Retirement Plan
If you’re divorcing and your spouse participated in the Allan Myers Hourly Retirement Plan, you’re entitled to request your share of those retirement benefits through a Qualified Domestic Relations Order (QDRO). Divorce is already stressful—don’t let confusion over dividing a 401(k) plan add to it.
This article breaks down everything you need to know about dividing the Allan Myers Hourly Retirement Plan in a divorce, including how QDROs work, common pitfalls with 401(k) plans, and how we at PeacockQDROs take the burden off your shoulders from start to finish.
What Is a QDRO and Why Do You Need One?
A QDRO is a court order that allows a retirement plan—like the Allan Myers Hourly Retirement Plan—to legally pay benefits to someone other than the employee, usually the former spouse (also called the Alternate Payee). Without a QDRO, the plan can’t legally distribute funds to anyone but the employee, no matter what your divorce judgment says.
For 401(k) plans like this one, the QDRO specifies how much of the account should go to the ex-spouse, whether it includes gains/losses after the divorce date, how loans are handled, and what happens to unvested portions.
Plan-Specific Details for the Allan Myers Hourly Retirement Plan
Here’s what we know about this particular plan:
- Plan Name: Allan Myers Hourly Retirement Plan
- Sponsor Name: Allan myers, Inc..
- Plan Type: 401(k)
- Industry: General Business
- Organization Type: Corporation
- Status: Active
- Effective Date: Unknown
- Plan Year: Unknown to Unknown
- Participants: Unknown
- Assets: Unknown
- Plan Number & EIN: Not publicly known—this will be required during QDRO processing and can be obtained through a statement or the plan administrator
Because it’s a corporate plan in the General Business sector, it’s typically administrated in-house or through a third-party recordkeeper such as Fidelity, Vanguard, or Empower. Precise procedures will vary depending on the administrator involved.
How 401(k) QDROs Work with This Plan
The Allan Myers Hourly Retirement Plan is a 401(k) plan, which introduces unique challenges when dividing in a divorce. Here’s how to handle several key issues:
Employee vs. Employer Contributions
A QDRO can divide both employee and employer contributions. However, only vested portions of employer contributions are available for division. If the participant isn’t fully vested, some of the employer match may still be forfeitable—ex-spouses can’t receive a share of this unvested amount.
It’s critical your QDRO defines the division clearly—whether by percentage (e.g., 50%) or a flat dollar amount—and whether gains/losses will apply from the division date.
Vesting Schedules
Most 401(k) plans, including the Allan Myers Hourly Retirement Plan, have vesting schedules for employer contributions. A common schedule might be 20% per year over five years. Only the participant’s vested portion is transferable to the alternate payee. Make sure your attorney or QDRO preparer reviews this closely—otherwise, the alternate payee may receive less than expected.
Loan Balances
If there’s an outstanding loan, it’s crucial to understand whether the QDRO amount includes or excludes that loan. For example, if the account is worth $100,000 but $20,000 has been borrowed, do you calculate the 50% split based on $100,000 or $80,000? Different QDROs specify this differently, and the language must be crystal clear.
Roth vs. Traditional Balances
401(k) accounts often have a mix of Roth (after-tax) and traditional (pre-tax) money. A proper QDRO should account for this and allocate each component correctly. A sloppy order might accidentally convert pre-tax funds into after-tax distributions, triggering avoidable tax problems.
Common Pitfalls to Avoid in Allan Myers Hourly Retirement Plan QDROs
401(k) QDROs go wrong far too often. Here are a few real-world issues we see again and again with plans like this one:
- Failing to specify the division method: You must clearly outline how the benefit will be divided—percent, flat dollar, or formula-based.
- Ignoring gains and losses: If the QDRO doesn’t address gains/losses, you may end up with much less depending on market performance.
- Incorrectly handling loans: Not identifying how loans affect the account balance can shortchange one party.
- Leaving Roth vs. pre-tax details undefined: Administrators need direction—otherwise, the order might be rejected or misapplied.
We strongly encourage reviewing our article on common QDRO mistakes to avoid costly surprises.
QDRO Process for the Allan Myers Hourly Retirement Plan
The general process to obtain a QDRO for this plan follows these key steps:
- Step 1: Gather plan statements, vesting information, and loan details
- Step 2: Draft a QDRO tailored to the Allan Myers Hourly Retirement Plan’s rules
- Step 3: Submit the draft QDRO for preapproval (if the plan allows it)
- Step 4: File the signed QDRO with the court for judicial approval
- Step 5: Send the certified QDRO to the plan administrator for processing and payment
Processing times vary. Check out our overview of the five factors that affect QDRO timing.
Why Hire PeacockQDROs?
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. If you’re dealing with the Allan Myers Hourly Retirement Plan, it’s too important to leave to chance—or to a general lawyer who may not speak the retirement plan’s language.
Visit our QDRO services page to learn more or contact us directly.
Required Documentation Checklist
To begin processing your QDRO for this plan, gather the following documents:
- Most recent account statement
- Plan Summary Description (SPD) if available
- Any loan documents showing balances and repayments
- Contact info for the plan administrator or HR department
- Plan Number and EIN (you’ll likely find this on a statement or need to request it from Allan myers, Inc..)
- Your divorce decree (final judgment)
Final Thoughts
Dividing a 401(k) plan like the Allan Myers Hourly Retirement Plan requires more than just filling out a form—it requires precision, timing, and understanding how plans work from the inside. QDRO language that misses just one key point—like how to calculate gains or handle loan offsets—can lead to delays, confusion, or outright loss of benefits.
Don’t take that risk. Let us help you do it the right way.
State-Specific QDRO Help
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 Allan Myers Hourly 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.