Introduction
Retirement accounts are often one of the most valuable assets in a divorce, and the D. Reis 401(k) & Profit Sharing Plan is no exception. If you or your spouse has an account under this plan, you’ll likely need a Qualified Domestic Relations Order (QDRO) to divide those funds without triggering taxes or penalties. But not all 401(k) plans follow the same rules—and some, like this one sponsored by D. reis furniture manufacturing Corp., have account types and provisions that require close attention during division.
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. Let’s walk through what divorcing spouses need to know when dealing with this specific plan.
Plan-Specific Details for the D. Reis 401(k) & Profit Sharing Plan
- Plan Name: D. Reis 401(k) & Profit Sharing Plan
- Sponsor: D. reis furniture manufacturing Corp..
- Address: 20250715103748NAL0001951745002, 2024-01-01
- EIN: Unknown
- Plan Number: Unknown
- Industry: General Business
- Organization Type: Business Entity
- Participants: Unknown
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Status: Active
- Assets: Unknown
Although some plan details such as the EIN and total participants are unavailable, we do know this is an active 401(k) and profit-sharing plan operated by a privately held business in the general business sector. These characteristics influence how QDROs are processed and enforced.
Understanding QDROs for 401(k) Plans
A Qualified Domestic Relations Order (QDRO) is a legal document that allows retirement benefits to be transferred from one spouse to another without early withdrawal penalties or income tax implications. For a 401(k) plan like the D. Reis 401(k) & Profit Sharing Plan, a QDRO is essential for legally splitting account balances.
Why You Can’t Just Use a Divorce Judgment
Your divorce decree may outline how assets are divided, but it isn’t enough to unlock or move retirement funds. Without a court-approved QDRO, the plan administrator cannot legally transfer any portion of the account to the non-employee spouse (known as the alternate payee). If you attempt to withdraw funds without one, you risk triggering serious tax consequences and penalties.
Dividing Contributions Under the D. Reis 401(k) & Profit Sharing Plan
This plan likely includes a combination of employee deferrals, employer matching contributions, and possibly profit-sharing amounts. Each category may be subject to unique rules in a QDRO:
- Employee Contributions: Fully vested immediately and typically easier to divide during a divorce.
- Employer Contributions: Often subject to a vesting schedule. Unvested amounts may be forfeited if the employee leaves the company before certain milestones.
How Vesting Affects Division
A common issue in QDROs is misunderstanding how much of the account is actually available to the alternate payee. If your spouse hasn’t been with D. reis furniture manufacturing Corp. long enough, part of the employer match may not be vested—and therefore not divisible. A well-drafted QDRO will account for these vesting rules and clarify what portion the alternate payee is entitled to.
Addressing Loans in a QDRO
If there’s an outstanding loan on the 401(k), it significantly affects the account’s divisible balance. A loan reduces the actual value that can be split—even though statements may show a higher “account value” including the unpaid loan amount.
There are two main strategies for handling loans in a QDRO:
- Exclude the loan balance: Only divide the portion of the account that is actually available.
- Assign loan responsibility: Specify whether the employee or alternate payee repays the loan, potentially adjusting the distribution percentage to balance the value.
This is a critical part of getting a QDRO drafted correctly. Many people overlook how loans impact the amount that the alternate payee will receive.
Roth vs. Traditional 401(k) Sub-Accounts
If the D. Reis 401(k) & Profit Sharing Plan includes both traditional and Roth contributions, it’s important to identify and separate them in the QDRO. Here’s why that matters:
- Traditional 401(k): Tax-deferred. Distributions are taxed as regular income.
- Roth 401(k): Contributions made with after-tax dollars. If eligibility rules are met, withdrawals (including earnings) are tax-free.
A QDRO should specify whether each account type is being divided proportionally or if the alternate payee is receiving a set dollar amount from each. Without this clarification, the plan administrator may delay processing or return the QDRO as incomplete.
What You Need for the QDRO Process
Because this plan’s EIN and plan number are currently unknown, those details will need to be verified before submitting your QDRO. Most plan administrators require those identifiers to associate the order with the correct plan and account.
If you’re unsure how to locate this information, we can help. At PeacockQDROs, we work directly with plan administrators to obtain the information needed to draft a valid, enforceable QDRO.
Documentation Checklist
- Legal names and mailing addresses of both spouses
- Exact plan name: “D. Reis 401(k) & Profit Sharing Plan”
- Account statements (showing balances, loan status, etc.)
- Details on contributions, vesting schedules, and account types
- Court file-stamped divorce judgment
Common Mistakes to Avoid
Many problems we fix come from improperly drafted QDROs. These are some of the most frequent issues:
- Failing to address loan balances
- Ignoring unvested employer contributions
- Overlooking Roth/traditional distinctions
- Using the wrong plan name or omitting the plan sponsor
Make sure to check out our article on common QDRO mistakes to avoid delays and rejections.
How Long Does It Take to Complete a QDRO?
The time it takes to complete a QDRO depends on several factors like court timelines, plan administrator response times, and whether the plan requires pre-approval. For more details, see our guide on how long QDROs take.
Why Choose PeacockQDROs?
We don’t just draft your QDRO—we handle everything. From getting the documents to the right court clerk to making sure it reaches the plan administrator with the required documentation, we manage the entire process. We maintain near-perfect reviews and pride ourselves on doing things the right way. Our team has worked with complex 401(k) plans across all industries, including plans like the D. Reis 401(k) & Profit Sharing Plan sponsored by D. reis furniture manufacturing Corp..
Want to learn more about our process? Start here: QDRO services.
Final Thoughts
Dividing a 401(k) in divorce is never simple. And when your plan—like the D. Reis 401(k) & Profit Sharing Plan—includes profit sharing, employer matches, Roth accounts, or loans, you need a QDRO that’s tailored to its specific terms. Getting it right the first time saves you time, stress, and money.
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 D. Reis 401(k) & Profit Sharing 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.