Understanding QDROs and the Funaro & Co.., P.c. 401(k) Plan
When a couple divorces, one of the most significant and often overlooked assets on the table is a 401(k) plan. For marriages involving the Funaro & Co.., P.c. 401(k) Plan, dividing this retirement account requires a special court order known as a Qualified Domestic Relations Order—or QDRO.
At PeacockQDROs, we’ve helped thousands of people complete QDROs from start to finish. Unlike firms that only prepare the document and leave the rest up to you, we handle the drafting, court filing, plan administrator submission, preapproval (if needed), and follow-up. That hands-on service is what sets us apart—and it’s why we maintain near-perfect reviews.
This article explains what divorcing spouses need to know about dividing the Funaro & Co.., P.c. 401(k) Plan through a QDRO, the unique plan-specific considerations, and common issues that arise with these types of workplace retirement accounts.
Plan-Specific Details for the Funaro & Co.., P.c. 401(k) Plan
- Plan Name: Funaro & Co.., P.c. 401(k) Plan
- Sponsor: Funaro & Co.., p.c. 401(k) plan
- Address: 20250523052207NAL0003223361001, 2024-01-01
- Plan Number: Unknown
- EIN: Unknown
- Organization Type: Business Entity
- Industry: General Business
- Plan Status: Active
- Participants: Unknown
- Assets: Unknown
- Effective Date: Unknown
While some of this information may not be publicly available, plan administrators will provide the necessary internal documents—like the Summary Plan Description or SPD—during the QDRO process. These internal documents are key to ensuring proper division and can impact how contributions, loans, and vesting are treated.
Why a QDRO Is Required
Federal law under ERISA (Employee Retirement Income Security Act) requires a QDRO when retirement assets such as a 401(k) are divided in divorce. Without a valid QDRO, the plan administrator of the Funaro & Co.., P.c. 401(k) Plan will not recognize your right to receive a portion of your ex-spouse’s account—even if the divorce judgment awards you a share.
A properly drafted QDRO gives the plan legal authority to pay benefits directly to the former spouse, who is known as the “alternate payee.”
Key Components of a 401(k) QDRO
When dividing a 401(k) like the Funaro & Co.., P.c. 401(k) Plan, a QDRO must clearly state:
- The names and last known addresses of both parties
- The account owner’s social security number (submitted confidentially)
- The dollar amount or percentage to be transferred to the alternate payee
- Whether gains and losses up to the date of distribution are included
- How any outstanding loans will be treated
- Whether Roth accounts are present and how they are divided
Each of these areas can present unique challenges depending on how the plan is structured and whether employer contributions are subject to vesting schedules.
Employee and Employer Contributions
One of the first questions in a QDRO is what part of the 401(k) balance is marital versus separate property. For the Funaro & Co.., P.c. 401(k) Plan, both employee and employer contributions must be reviewed for inclusion in the marital estate.
Employee contributions are typically vested immediately and easier to divide. However, employer contributions may be subject to a vesting schedule. If the account holder isn’t fully vested at the time of divorce, some employer-funded money could be forfeited if employment ends.
A well-drafted QDRO should exclude unvested amounts if the division is based on “as of divorce” balances or include language that accounts for future vesting if negotiated.
401(k) Loan Balances
Another issue that often trips up couples is how to handle an outstanding loan. If the participant took out a loan from the Funaro & Co.., P.c. 401(k) Plan, it reduces the account’s net value.
Two Common Approaches:
- Include the loan as part of the participant’s share: This means the loan amount is effectively assigned to the plan participant and deducted from their portion.
- Divide the account before subtracting the loan: This gives the alternate payee a true percentage of the total balance, and the loan doesn’t reduce their share.
Whichever method is used, it needs to be clearly spelled out in the QDRO to avoid confusion or administrative delays.
Handling Roth vs. Traditional Accounts
The Funaro & Co.., P.c. 401(k) Plan may include both traditional (pre-tax) and Roth (after-tax) subaccounts. These must be addressed separately in a QDRO.
Failing to identify whether a portion of the balance is from Roth contributions can create tax headaches down the road. Traditional 401(k) distributions are taxed when withdrawn, while Roth 401(k) distributions are generally tax-free if requirements are met.
To avoid post-division surprises, the QDRO should specify whether the alternate payee is receiving funds from traditional, Roth, or both account types.
Important Documents You’ll Need
Since the Funaro & Co.., P.c. 401(k) Plan lists the EIN and Plan Number as “Unknown,” these will need to be confirmed with the plan administrator. These identifiers are essential in the drafting and processing of a QDRO. Your attorney or QDRO preparer will help obtain them as part of the process.
You may also need to request:
- The Summary Plan Description (SPD)
- Plan’s QDRO Procedures
- Most recent statement
Timeline Considerations
Every plan, including the Funaro & Co.., P.c. 401(k) Plan, has its own internal review process for QDROs. Some review within 30 days; others take months. The speed of your divorce court and availability of plan documents also play a role.
To better understand how long your QDRO might take, check out this guide on QDRO turnaround times.
Avoiding Common QDRO Mistakes
QDROs for 401(k) plans are riddled with potential pitfalls—from incorrect dollar amounts to failure to address applicable plan rules. At PeacockQDROs, we frequently fix botched orders written by other drafting services.
Learn what to avoid by reviewing our list of common QDRO mistakes.
Why Work With PeacockQDROs?
At PeacockQDROs, we don’t just draft the QDRO and abandon you. We handle every step—including preapproval, court filing, submission to the plan, and administrator follow-up. You’re never left guessing what comes next.
If you’re dealing with the Funaro & Co.., P.c. 401(k) Plan, it’s essential to get the QDRO right the first time. These plans don’t forgive errors—and even a small mistake can delay your payment or cost you thousands.
We have experience dividing plans for General Business organizations, including complex employer arrangements like the Funaro & Co.., p.c. 401(k) plan. Let us take it from here.
Start with our QDRO information hub or get professional help today.
Final Thoughts
Retirement accounts are often the most valuable asset in a marriage. A properly drafted QDRO for the Funaro & Co.., P.c. 401(k) Plan ensures that you get your fair share—and that you don’t end up in court again to fix avoidable errors.
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 Funaro & Co.., P.c. 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.