Understanding How to Divide the Toltz King Duvall Anderson and Associates Incorpor 401(k) Flexible Savings Plan in Divorce
Dividing retirement benefits like the Toltz King Duvall Anderson and Associates Incorpor 401(k) Flexible Savings Plan during a divorce requires more than just a line in your divorce decree. You need a Qualified Domestic Relations Order (QDRO). Without it, the plan administrator legally cannot divide the retirement account between the participant and the alternate payee.
As experienced QDRO attorneys at PeacockQDROs, we’ve handled thousands of QDROs across all types of retirement plans. We’re here to help you avoid the most common mistakes and make sure your share is protected. When it comes to the Toltz King Duvall Anderson and Associates Incorpor 401(k) Flexible Savings Plan, there are a few unique plan details you need to understand before drafting your QDRO.
Plan-Specific Details for the Toltz King Duvall Anderson and Associates Incorpor 401(k) Flexible Savings Plan
Here’s what we know about the plan based on available data:
- Plan Name: Toltz King Duvall Anderson and Associates Incorpor 401(k) Flexible Savings Plan
- Sponsor Name: Toltz king duvall anderson and associates incorpor 401k flexible savings plan
- Plan Sponsor Address: 444 CEDAR ST STE 1500
- Plan Year: 2024-01-01 to 2024-12-31
- Effective Date: 1966-01-01
- Status: Active
- Industry: General Business
- Organization Type: Corporation
- Plan Number: Unknown
- EIN: Unknown
Because this is a 401(k) under a Corporation in the General Business sector, there are some common structural features you’ll find—like employer matches, vesting schedules, pre-tax and Roth contributions, and possibly outstanding loan balances.
What a QDRO Does for This 401(k) Plan
A QDRO is a legal order that tells the plan administrator how to divide the account between divorcing spouses. Without it, the plan administrator has no authority to assign retirement benefits to the nonparticipant spouse. For the Toltz King Duvall Anderson and Associates Incorpor 401(k) Flexible Savings Plan, the QDRO must meet the requirements under the Internal Revenue Code and ERISA. It also must comply with the plan’s own rules and procedures.
Who Files the QDRO?
A QDRO can be submitted by either party to the divorce, but both parties should agree on how the retirement account will be split. Once the QDRO is drafted and signed by the judge, it’s sent to the plan sponsor, Toltz king duvall anderson and associates incorpor 401k flexible savings plan, for final approval and execution.
What Makes 401(k) Plans Tricky in Divorce?
While 401(k) plans like the Toltz King Duvall Anderson and Associates Incorpor 401(k) Flexible Savings Plan seem simple on the surface, they can have several complexities. Here are the main ones:
1. Employer Contributions and Vesting
A participant may have added funds via salary deferrals, and the company may have matched or contributed additional funds. But these employer contributions are often subject to a vesting schedule.
- Only vested portions can be awarded in a QDRO.
- Unvested amounts usually remain with the participant unless otherwise agreed in the divorce.
- Most QDROs will state that they award “50% of the marital portion of the vested account balance.”
2. 401(k) Loans
If the participant has taken out a loan from their 401(k), the QDRO must address how to handle that.
- Many plans do not count outstanding loan amounts as part of the divisible balance.
- You should determine if this loan was taken before or after the date of marital separation or division. That affects apportionment.
- In some cases, QDROs are drafted to allocate either with or without accounting for the loan.
3. Roth vs. Traditional Accounts
If the participant contributed to both a traditional 401(k) (pre-tax) and a Roth 401(k) (after-tax), the QDRO must be clear about which portion each spouse is receiving.
- Roth accounts are taxed differently upon distribution.
- Splitting across types must be clearly identified, or the plan may reject the QDRO.
Drafting a QDRO for the Toltz King Duvall Anderson and Associates Incorpor 401(k) Flexible Savings Plan
Every QDRO must be tailored both to the plan and to the divorce judgment. You can’t take a one-size-fits-all approach—especially not with a plan like this that likely involves multiple contribution types and potentially complex vesting rules.
Required Plan Info
The plan number and EIN (Employer Identification Number) are required for the final QDRO document. If you don’t have that info, PeacockQDROs can help contact the plan administrator and obtain it as part of our full-service QDRO process.
Avoid These Common Mistakes
We frequently see QDROs rejected by plan administrators for issues that could have been avoided:
- Failing to distinguish between Roth and Traditional account balances
- Not addressing interplay between 401(k) loans and the division
- Attempting to award unvested employer contributions
- Not identifying the correct date for division (date of separation, date of agreement, etc.)
Learn more about these common pitfalls on our resource page: Common QDRO Mistakes
PeacockQDROs: Helping You Get It Done Right
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.
Whether your QDRO is for the Toltz King Duvall Anderson and Associates Incorpor 401(k) Flexible Savings Plan or any other retirement vehicle, we’re ready to guide you through the entire process—accurately and efficiently. We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way.
Want to understand how long your QDRO might take? Check out our article on the 5 factors that determine QDRO timelines.
Next Steps After Divorce
If you’ve already finalized your divorce or are just beginning the process, it’s important not to wait too long to get your QDRO in motion. Delays can result in loss of rights, account depletion due to loans or market changes, or complicated corrections down the road. Getting it done properly ensures your financial future stays on solid ground.
Still Have Questions?
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 Toltz King Duvall Anderson and Associates Incorpor 401(k) Flexible 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.