Introduction
Dividing a retirement account like the James E. Fitzgerald, Inc.. 401(k) Profit Sharing Plan during divorce isn’t as simple as splitting your checking account. It takes a special court order called a Qualified Domestic Relations Order (QDRO). A properly prepared QDRO allows one spouse to receive a share of the other’s retirement benefits without triggering early withdrawal penalties or taxes.
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 law firms or services that only prepare the document and hand it off to you.
Plan-Specific Details for the James E. Fitzgerald, Inc.. 401(k) Profit Sharing Plan
- Plan Name: James E. Fitzgerald, Inc.. 401(k) Profit Sharing Plan
- Sponsor: James e. fitzgerald, Inc.. 401(k) profit sharing plan
- Address: 20250603124317NAL0007612115001, 2024-01-01
- Employer Identification Number (EIN): Unknown (required to complete QDRO paperwork—must be obtained)
- Plan Number: Unknown (also needed for submission—can be obtained from a statement or HR)
- Industry: General Business
- Organization Type: Corporation
- Participants: Unknown
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Status: Active
- Assets: Unknown
Since this is a 401(k) profit-sharing plan, it’s important to understand how both employee and employer contributions are handled—and how they’re treated in a QDRO.
How a QDRO Works for the James E. Fitzgerald, Inc.. 401(k) Profit Sharing Plan
A Qualified Domestic Relations Order (QDRO) is the only way to split a retirement account like the James E. Fitzgerald, Inc.. 401(k) Profit Sharing Plan without creating tax consequences. It’s a court order that tells the plan administrator how to divide the account between the employee (known as the “participant”) and their ex-spouse (called the “alternate payee”).
Common Scenarios for 401(k) Division
- A fixed dollar amount (e.g., “$75,000 to the alternate payee”)
- A percentage of the account as of a specific date (often the date of separation or divorce)
- A percentage of only the marital portion (e.g., only what was earned during the marriage)
Key Considerations When Dividing a 401(k) Plan Like This
Employee vs. Employer Contributions
Under a 401(k) profit-sharing structure, both employee salary deferrals and employer contributions may be included. Employer contributions are often subject to a vesting schedule. The QDRO needs to clarify whether the alternate payee will receive:
- Only vested amounts as of the assignment date
- Future increases from investment returns
- Pro-rated or full share of employer contributions
This is especially important when the participant hasn’t yet reached full vesting status. Unvested employer contributions might be forfeited if the participant leaves the company.
Loan Balances
If the participant has taken a loan from their 401(k), it usually reduces the account balance. There are two ways to treat loans in the QDRO:
- Include the loan in the division. This results in a higher calculation since the loan was used by the participant.
- Exclude the loan. The alternate payee gets a portion of the balance minus the loan.
The choice depends on what’s fair in the context of the divorce. Just make sure it’s spelled out clearly in the QDRO.
Traditional vs. Roth Account Balances
Many 401(k) plans—including the James E. Fitzgerald, Inc.. 401(k) Profit Sharing Plan—allow for separate Roth contributions. Some plans will allow Roth and traditional funds to be separated in the order, while others divide proportionally.
This matters because Roth and pre-tax accounts are taxed differently. A Roth distribution to the alternate payee might not be taxable, but a traditional 401(k) withdrawal likely is.
QDRO Best Practices for Corporate-Sponsored 401(k) Plans
Since the James e. fitzgerald, Inc.. 401(k) profit sharing plan is sponsored by a corporation in the General Business sector, it may use a third-party administrator (TPA) such as Fidelity, Empower, or Principal. These administrators often have preferred QDRO formats or procedures. To avoid delays or rejections, it’s a good idea to:
- Request and review the plan’s QDRO procedures
- Use the plan’s model QDRO form if provided—but modify where needed to protect your client
- Submit a draft for preapproval (if the plan allows) before filing with the court
The HR or benefits department should be able to provide the plan’s name, number, and administrator contact details. If not, recent participant statements or IRS Form 5500 filings might help.
Avoiding Common QDRO Mistakes for This Plan
Dividing a 401(k) plan like the James E. Fitzgerald, Inc.. 401(k) Profit Sharing Plan isn’t just about getting numbers right. Some of the most common QDRO mistakes include:
- Failing to address outstanding 401(k) loans
- Omitting details about vested vs. non-vested employer contributions
- Not accounting for Roth vs. pre-tax balances
- Using outdated or incorrect plan names
- Skipping the plan preapproval step (when available)
Read more about common QDRO mistakes here.
How Long Will It Take?
Many people are surprised to learn how long the QDRO process can take, especially if it’s handled by someone unfamiliar with the plan. At PeacockQDROs, we manage every phase from drafting to follow-up. Still, your timeline may depend on:
- Whether the plan requires preapproval
- The responsiveness of the court and plan administrator
- The completeness of the information you provide up front
Learn about the five key factors affecting QDRO timing here.
Why Choose PeacockQDROs for Your Division
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. Our approach goes beyond simple document preparation. We file with the court, follow up with the plan, and make sure the QDRO works as intended.
- Thousands of QDROs completed — start to finish
- We know how plans like the James E. Fitzgerald, Inc.. 401(k) Profit Sharing Plan operate
- We flag issues before they become problems
- We protect your rights to account types and employer matches
Get started by reviewing our QDRO services or contacting us directly.
Final Thoughts
If you’re going through a divorce, don’t overlook the importance of properly dividing the James E. Fitzgerald, Inc.. 401(k) Profit Sharing Plan with a QDRO. Whether you’re the participant or the alternate payee, getting the details right can prevent years of frustration—or costly tax mistakes down the road.
State-Specific Call to Action
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 James E. Fitzgerald, Inc.. 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.