Dividing the 88 Acres Foods Inc. 401(k) Plan in Divorce
When a marriage ends, dividing retirement assets can become one of the most challenging aspects of the divorce process. If you or your spouse have an account with the 88 Acres Foods Inc. 401(k) Plan, you’ll likely need a Qualified Domestic Relations Order (QDRO) to legally divide the funds. Without a QDRO, the plan administrator cannot—and will not—authorize the transfer of plan assets to a former spouse or dependent.
At PeacockQDROs, we’ve worked with thousands of clients just like you to ensure their retirement divisions are done right from start to finish. We don’t just draft a document and leave you hanging—we handle drafting, pre-approval (if required), court filing, delivery to the plan administrator, and follow-up. That’s what makes us different from law firms or document services that only prepare the order but don’t see it through.
Plan-Specific Details for the 88 Acres Foods Inc. 401(k) Plan
Before you start your QDRO process, it’s important to understand the specific plan involved. Here’s what we know about the 88 Acres Foods Inc. 401(k) Plan:
- Plan Name: 88 Acres Foods Inc. 401(k) Plan
- Sponsor: 88 acres foods Inc. 401(k) plan
- Address: 20250623130322NAL0006400241001, 2024-01-01
- EIN: Unknown (but required for your QDRO—see below)
- Plan Number: Unknown (also required and must be requested)
- Industry: General Business
- Organization Type: Corporation
- Status: Active
- Participants: Unknown
- Plan Year: Unknown to Unknown
- Assets: Unknown
When preparing a QDRO, even this limited information can help inform what details to request from the plan administrator. A missing EIN or plan number may delay processing, so confirming these early is important.
What Is a QDRO and Why Is It Required?
A QDRO is a special court order that allows retirement plan administrators to assign a portion of a participant’s plan benefits to an alternate payee (such as a former spouse). Without a QDRO, the transfer of 401(k) funds after divorce is not allowed—even if it’s ordered in the divorce decree.
For the 88 Acres Foods Inc. 401(k) Plan, a properly drafted QDRO will ensure the plan’s rules are followed and that you avoid negative tax consequences. This includes clear handling of tax withholding, vesting rules, and loan obligations.
Key QDRO Issues in the 88 Acres Foods Inc. 401(k) Plan
Employer Contributions and Vesting
Most 401(k) plans—including the 88 Acres Foods Inc. 401(k) Plan—include both employee and employer contributions. While the participant is always 100% vested in their own contributions, the employer match or profit-sharing typically vests over time.
This means your QDRO must state clearly how unvested funds are treated. If only vested amounts are to be divided, be specific about calculating these as of the separation date or another relevant valuation date. Otherwise, disputes or delays may result from confusion over forfeited or unvested portions.
Loans Against the 401(k)
Many employees borrow against their 401(k) plans. If the participant in the 88 Acres Foods Inc. 401(k) Plan has an active loan, your QDRO should address whether the alternate payee’s share will be calculated before or after subtracting the loan balance from the total account.
This single issue can cause significant problems if not addressed correctly. You’ll also want to determine who is responsible for loan repayments, and how the plan handles those funds.
Roth vs. Traditional 401(k) Accounts
If the account includes both pre-tax (traditional) and post-tax (Roth) funds, the QDRO needs to specify the source of the funds to be transferred. The 88 Acres Foods Inc. 401(k) Plan likely segregates these into different subaccounts, and the division must respect this format to avoid IRS issues.
For example, a QDRO cannot create Roth funds for a former spouse by shifting after-tax contributions from a traditional pool. Be careful to divide Roth and traditional balances proportionally, or as clearly defined percentages of each source type.
Documentation Needed for Your QDRO
To prepare a QDRO for the 88 Acres Foods Inc. 401(k) Plan, you or your attorney will need to obtain certain documents and plan details. These often include:
- The official plan document and Summary Plan Description (SPD)
- The current account statement showing balances, loan status, and subaccount types
- The plan name, sponsor, EIN, and plan number
- Vesting schedules and any applicable forfeiture policies
If the plan administrator has a model QDRO form or specific formatting requirements, that information can also help streamline the process. At PeacockQDROs, we’re familiar with a wide range of private employer 401(k) plans, particularly those in the general business sector and corporate structures like this plan’s sponsor.
Timing, Mistakes, and QDRO Delays
Many people wrongly assume that a QDRO is a simple form. In reality, drafting an effective QDRO is a legal process that must comply with federal pension laws, IRS tax rules, and the plan’s internal policies.
Delays often occur when parties fail to:
- Request the correct plan identification data
- Address loan balances
- Specify Roth vs. traditional fund divisions
- Understand the actual vesting levels of employer contributions
To avoid common missteps, visit our guide on common QDRO mistakes here.
How Long Does It Take to Complete a QDRO?
Each QDRO process has several stages: information gathering, drafting, plan pre-approval (if available), court filing, and submission to the plan administrator. Multiple factors affect the timing, including responsiveness from the plan and the specific court involved in your case.
If you’re wondering how long it will take, review these 5 scheduling factors that can impact your QDRO timeline.
Why Choose PeacockQDROs?
At PeacockQDROs, we specialize in QDROs for 401(k) plans like the 88 Acres Foods Inc. 401(k) Plan—and we get the job done from beginning to end. We’ve helped thousands of clients avoid costly mistakes, get accurate order language, and ensure funds are correctly and promptly transferred.
Our team doesn’t stop after drafting the document. We handle:
- Gathering plan-specific information
- Q&A with the plan administrator
- Drafting the QDRO in line with the plan’s rules
- Getting the document pre-approved
- Filing with the court
- Following up until the QDRO is accepted and implemented
We also maintain near-perfect reviews and pride ourselves on doing things the right way every time. To learn more about our full-service approach, visit our QDRO information page.
Take the Next Step
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 88 Acres Foods Inc. 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.