Understanding QDROs and the Fila-mar Energy Services 401(k) Plan
Dividing retirement benefits can be one of the most complicated parts of a divorce. When one or both spouses participate in a retirement plan like the Fila-mar Energy Services 401(k) Plan, it’s important to understand what rights each party has—and how to secure those rights through a Qualified Domestic Relations Order (QDRO).
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 it out. We handle everything: drafting, preapproval (when applicable), court filing, plan submission, and follow-up with the plan administrator. That’s what sets us apart from firms that only prepare the document and leave the rest to you. We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way.
Let’s walk through the key things you need to know when it comes to dividing the Fila-mar Energy Services 401(k) Plan in a divorce.
Plan-Specific Details for the Fila-mar Energy Services 401(k) Plan
- Plan Name: Fila-mar Energy Services 401(k) Plan
- Sponsor: Fila-mar energy services, LLC
- Address: 20250722143751NAL0001439603001, 2024-01-01
- EIN: Unknown (required to process QDRO—will need to be obtained)
- Plan Number: Unknown (required for the QDRO—this must be confirmed by plan documents)
- Industry: General Business
- Organization Type: Business Entity
- Status: Active as of latest update
- Participants: Unknown
- Assets: Unknown
This plan is a standard 401(k) retirement plan, meaning it likely includes both employee contributions and employer matching, along with potential vesting schedules for employer funds and options for traditional pre-tax and Roth after-tax contributions.
Key Elements to Evaluate in Dividing the Fila-mar Energy Services 401(k) Plan
Employee and Employer Contributions
Employee contributions to a 401(k) are always fully vested and subject to division. However, employer contributions often vest based on a schedule. If the plan participant (the employee spouse) has not worked long enough at Fila-mar energy services, LLC to fully vest in these employer contributions, then part of their account may not yet belong to them—and thus might not be divisible.
It’s important to find out:
- How much of the account balance is from employee vs. employer contributions
- Whether employer contributions are fully vested
- What the vesting schedule is, and what’s been forfeited or will be forfeited
These determine how much the non-employee spouse can legally receive through the QDRO.
Loan Balances
If the employee spouse has taken out a loan against the Fila-mar Energy Services 401(k) Plan, that loan reduces the available balance for division. Most plans do not allow splitting a loan balance—if there’s a loan, the QDRO will typically divide the total account value after subtracting the outstanding loan.
You’ll need to weigh whether the non-employee spouse accepts a smaller distribution or waits until the loan is repaid. This is a critical factor often missed in do-it-yourself QDRO filings. We cover this in more detail in our Common QDRO Mistakes guide.
Roth vs. Traditional 401(k) Contributions
Many 401(k) plans now offer both traditional (pre-tax) and Roth (post-tax) options. The Fila-mar Energy Services 401(k) Plan may include one or both types of accounts, and this must be addressed in your QDRO. Each type has very different tax consequences:
- Traditional 401(k): Taxes are deferred until distributed
- Roth 401(k): Distributions may be tax-free (if qualified)
Your QDRO should specify which portion of the account the alternate payee (non-employee spouse) receives, and whether the transfer will retain the Roth or traditional status. This ensures tax compliance and keeps the plan administrator from rejecting the order for vagueness.
QDRO Requirements for a Business Entity Plan Like This One
Since the plan sponsor, Fila-mar energy services, LLC, is a business entity in the General Business sector, their 401(k) plan is probably administered by a third-party administrator (TPA), like Fidelity, ADP, or Empower. Each TPA has its own QDRO rules and preapproval process (if they offer one). The QDRO must name both:
- The full plan name: Fila-mar Energy Services 401(k) Plan
- The correct plan number and EIN (you’ll likely find this on a Summary Plan Description or account statement)
Failing to include accurate plan identifiers is one of the biggest reasons QDROs get delayed or rejected. If you’re unsure how to find this information, that’s where we come in. At PeacockQDROs, we often contact plan administrators on your behalf to confirm these details before filing.
What the QDRO Must Include
For the Fila-mar Energy Services 401(k) Plan, a QDRO must clearly state:
- The names and addresses of both parties
- The specific plan being divided
- The dollar amount or percentage awarded to the alternate payee
- How to divide pre-tax vs Roth accounts (if applicable)
- Whether gains and losses will apply until distribution
- Guidance on what happens if the participant dies before distribution
An effective QDRO minimizes the chance of confusion, rejection, or disputes later. We also make sure the order complies with both federal ERISA guidelines and the plan’s administrative rules before submission.
How Long Does the QDRO Process Take?
Timing depends on a few key factors. We break them down in our QDRO timing guide, but here are the typical stages:
- Confirm plan details and vesting/account balances
- Draft and review the QDRO
- Submit for plan preapproval (if applicable)
- File the order in court for judge’s signature
- Submit the signed order to the plan administrator
- Wait for the plan’s final determination and processing
Plans like the Fila-mar Energy Services 401(k) Plan usually take 60–120 days from draft to implementation, depending on how responsive everyone is—including the courts and the plan administrator.
Let PeacockQDROs Help You Get It Right
We know the Fila-mar Energy Services 401(k) Plan is just one piece of your divorce, but getting it right can make a big financial difference. Whether it’s determining how to divide vested benefits, accounting for loans, or handling Roth contributions, we bring legal precision and real-world clarity to every QDRO case we handle.
Our team goes beyond document prep. We walk you through each stage until your account is successfully divided and transferred—without costly errors or endless delays.
Start by reviewing our full list of QDRO services and resources or contact us directly for help specific to your case.
State-Specific Support for Your Divorce
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 Fila-mar Energy Services 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.