Introduction
When divorce becomes reality, one of the most critical—and often confusing—conversations centers around dividing retirement benefits. If you or your spouse has an account in the Fourth Avenue Supermarket, Inc.. 401(k) Plan, understanding your rights to those funds is essential. A qualified domestic relations order (QDRO) is the legal tool used to divide this 401(k) plan properly under federal law.
At PeacockQDROs, we handle every step of the QDRO process. We don’t stop at drafting. We guide you through approval, court filings, plan submission, and follow-up to make sure benefits are divided the right way. In this article, we’ll walk you through how to handle the Fourth Avenue Supermarket, Inc.. 401(k) Plan in a divorce setting so your share of the retirement funds is protected.
Plan-Specific Details for the Fourth Avenue Supermarket, Inc.. 401(k) Plan
The Fourth Avenue Supermarket, Inc.. 401(k) Plan is offered by the sponsor Fourth avenue supermarket, Inc.. 401(k) plan, a corporation in the General Business sector. While key details such as the EIN, Plan Number, and participant counts are currently unknown, the plan is listed as active and operating as of January 1, 2024. This employer-sponsored plan is likely structured like most corporate 401(k)s, with employee salary deferrals, employer contributions, and potentially both traditional and Roth accounts.
- Plan Name: Fourth Avenue Supermarket, Inc.. 401(k) Plan
- Sponsor: Fourth avenue supermarket, Inc.. 401(k) plan
- Plan Type: 401(k)—Defined Contribution Retirement Plan
- Industry: General Business
- Organization Type: Corporation
- Status: Active
- Effective Date: Unknown
- Plan Year: Unknown
- Address: 20250512073153NAL0011177987001
How QDROs Work with 401(k) Plans
A QDRO allows retirement funds earned during a marriage to be divided without triggering early withdrawal penalties or tax liability. When done correctly, a QDRO creates a legal right for an “alternate payee”—usually the ex-spouse—to receive a portion of the participant’s retirement plan benefits.
For 401(k) plans like the Fourth Avenue Supermarket, Inc.. 401(k) Plan, QDROs can allow for direct rollovers, lump-sum distributions, or establishing a separate account in the alternate payee’s name. But doing it right requires thoughtful consideration of several plan-specific elements.
Key Issues When Dividing the Fourth Avenue Supermarket, Inc.. 401(k) Plan
Employee vs. Employer Contributions
401(k) accounts usually contain both employee salary deferrals and employer match or profit-sharing contributions. In the case of the Fourth Avenue Supermarket, Inc.. 401(k) Plan, you must determine which portions of the account were earned during the marriage and whether the employer contributions were vested at the time of divorce.
Only vested employer contributions can be allocated to the alternate payee. Make sure your QDRO reflects that distinction, or risk giving away benefits that do not legally belong to your spouse—or missing out on funds that do.
Vesting Schedules and Forfeited Amounts
If the employee-participant hasn’t been with Fourth avenue supermarket, Inc.. 401(k) plan long enough to vest in employer contributions, any non-vested amounts may eventually be forfeited. Your QDRO must clearly state that only the vested portion of employer contributions as of the division date are to be divided. This avoids future confusion if the plan statement shows reduced balances due to forfeitures.
401(k) Loan Balances and Liability
Another common issue in dividing a 401(k) plan is how to handle outstanding loans. If the participant has taken a loan from the Fourth Avenue Supermarket, Inc.. 401(k) Plan, this reduces the account balance available for division.
Loans are typically not divisible across accounts, and QDROs must state how they’re being factored into the division. Courts and plan administrators differ in how they handle this, so make sure you consult a QDRO expert to avoid disputes later.
Roth vs. Traditional Contributions
If the plan offers both traditional (pre-tax) and Roth (after-tax) contribution options, each of these accounts must be handled correctly in the QDRO. Traditional amounts go into the alternate payee’s IRA or plan as pre-tax assets. Roth assets must be handled in a way that preserves their after-tax status. Mixing them up can result in major tax consequences.
Make sure your QDRO language identifies the source of each contribution type and whether distributions or rollovers are being made.
Why Accurate Documentation Matters
Two pieces of critical information—the Plan Number and EIN—are missing in public records for this plan. However, they are mandatory in any formal QDRO submission. These identifiers ensure the QDRO is processed by the correct plan administrator.
You or your attorney will need to contact Fourth avenue supermarket, Inc.. 401(k) plan or the plan provider to obtain this data before submitting your order. At PeacockQDROs, we assist with this step to make sure your paperwork is accepted the first time.
Timing Considerations in 401(k) Divisions
Timing matters in QDRO implementation. If the QDRO is entered months after divorce but doesn’t specify a division date during the marriage, you could inadvertently divide a smaller account or even one that has increased significantly. Your attorney should request a recent plan statement to determine the proper valuation date and build that into the QDRO language.
For more tips, see our article on how long QDROs take to process.
Common Mistakes with the Fourth Avenue Supermarket, Inc.. 401(k) Plan
Based on thousands of cases handled, the most common errors in dividing 401(k) accounts include:
- Omitting the treatment of unvested employer contributions
- Including loan balances in the division without explicit direction
- Mislabelling Roth and traditional account distributions
- Using the wrong plan name or sponsor info
To help you avoid these costly errors, see our page on common QDRO mistakes.
Why Choose PeacockQDROs for Your 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 deal with the court or your plan. We handle the drafting, preapproval (if 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 hand it off to you.
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. When you work with us, you’ll get reliable guidance every step of the way, particularly for tricky plans like the Fourth Avenue Supermarket, Inc.. 401(k) Plan.
Looking for professional help? Start here: QDRO resources or contact us directly for service.
Conclusion
Dividing a retirement plan like the Fourth Avenue Supermarket, Inc.. 401(k) Plan involves more than just choosing a percentage. You have to take into account account types, outstanding loans, and vesting conditions—all of which can impact your future financial security. Make sure your QDRO is done properly, submitted promptly, and follows plan-specific requirements.
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 Fourth Avenue Supermarket, 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.