Understanding How to Divide the Four Twelve Roofing LLC – 401(k) in Divorce
Dividing retirement assets during a divorce can be tricky, especially when you’re dealing with employer-sponsored 401(k) plans like the Four Twelve Roofing LLC – 401(k). This plan, sponsored by Four twelve roofing LLC – 401(k), may include both traditional and Roth accounts, employer contributions with vesting schedules, and even loan balances.
To divide this type of plan properly under a divorce decree, you’ll need a Qualified Domestic Relations Order, or QDRO. A QDRO makes it possible for the non-employee spouse (typically called the “alternate payee”) to receive a portion of the plan without triggering early withdrawal penalties or taxes at the time of division.
What Is a QDRO and Why Is It Necessary?
A Qualified Domestic Relations Order is a special court order that instructs a retirement plan administrator on how to divide the account following a divorce. Without a QDRO, the plan administrator cannot legally separate and transfer any portion of the 401(k) to the non-employee spouse.
This is especially important for 401(k) plans, which are governed by federal law under ERISA (Employee Retirement Income Security Act). ERISA requires strict compliance when a divorce settlement involves a retirement plan.
Plan-Specific Details for the Four Twelve Roofing LLC – 401(k)
- Plan Name: Four Twelve Roofing LLC – 401(k)
- Sponsor Name: Four twelve roofing LLC – 401(k)
- Type: 401(k) Plan, General Business
- Organization Type: Business Entity
- Plan Number: Unknown (required for QDRO submission)
- EIN: Unknown (required for QDRO submission)
- Status: Active
- Plan Year: Unknown to Unknown
- Participants: Unknown
- Effective Date: Unknown
- Address: 20250603133022NAL0018427872001, 2024-01-01
Note: If you’re working on a QDRO for this plan, you’ll need to request the full Summary Plan Description directly from the plan administrator to get key data such as the plan number, EIN, and distribution policies.
QDRO Considerations for the Four Twelve Roofing LLC – 401(k)
Employer Contributions and Vesting Schedules
Like many 401(k) plans, the Four Twelve Roofing LLC – 401(k) may include both employee deferrals and employer matching or profit-sharing contributions. These employer contributions often follow a vesting schedule, meaning the employee doesn’t fully own them until they’ve worked at the company for a certain number of years.
In a QDRO, only the vested portion of the employer contributions can be divided. If your divorce settlement assumes a 50/50 split of the total account balance without taking the vesting schedule into account, the alternate payee may end up shorted once the QDRO is applied.
Always confirm what portion of the account is vested and coordinate that with your QDRO language. Some plans will also allow the alternate payee to receive a pro-rata portion of future vesting, but this must be clearly specified in the order.
Loan Balances
401(k) loans can complicate the division. If the employee has an outstanding loan against their Four Twelve Roofing LLC – 401(k) account, it affects the total balance available for division through the QDRO. Some options for handling loans include:
- Dividing the net account balance (i.e., subtracting the loan balance)
- Dividing the gross account value and allocating the loan with the employee spouse
- Requiring loan repayment before distribution
Each option can have different tax and fairness implications. At PeacockQDROs, we help our clients make informed decisions based on what’s fair and what the plan will allow.
Roth vs. Traditional 401(k) Accounts
If the Four Twelve Roofing LLC – 401(k) includes both traditional (pre-tax) and Roth (after-tax) contributions, your QDRO needs to account for the distinction. The IRS and most plan administrators will not allow you to mix these account types in a single transfer.
The QDRO must state whether the alternate payee is receiving their share from the traditional account, the Roth account, or proportionally from both. Otherwise, the plan may reject the QDRO and delay division. This is one of the most common mistakes we see when people try to DIY their QDROs—a mistake that can be avoided with professional guidance from PeacockQDROs.
Why PeacockQDROs Makes the Difference
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.
We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. If you’re dividing a 401(k) like the Four Twelve Roofing LLC – 401(k), it’s critical to work with an experienced professional who understands the nuances of plan-specific rules, loan scenarios, and Roth vs. traditional allocations.
It’s not just about getting the QDRO done—it’s about getting it done right, so you avoid costly mistakes and delays.
You can find helpful tips on our Common QDRO Mistakes page or learn more about timing and expectations from our article on how long it takes to get a QDRO done.
Getting Started with Your QDRO
Here’s what you’ll need to get started on your QDRO for the Four Twelve Roofing LLC – 401(k):
- A certified copy of your divorce judgment or marital settlement agreement
- Contact information for Four twelve roofing LLC – 401(k), the plan sponsor
- The plan number and EIN (you can obtain this from your HR department or plan administrator)
- Account statements showing traditional and Roth balances, if applicable
- Details about any loans currently in place
If you gather this information early, your QDRO process will move faster and smoother. And remember—never attempt to draft your own QDRO without plan-specific language and consultation. Mistakes can delay distribution by months or even years.
Final Tips Before You File
Before submitting a QDRO to the court, have it reviewed for preapproval if your plan allows. Many 401(k) plans, including ones sponsored by General Business employers like Four twelve roofing LLC – 401(k), offer optional or required preapproval. Submitting a QDRO without checking this box can cause rejection after filing, forcing you to start over.
Focus on the following when reviewing your draft before submission:
- Clear language about account types (Roth vs. traditional)
- Specific treatment of loan balances
- Vesting schedules to determine how much of the employer contribution is eligible
- Accurate participant and plan information, including EIN and Plan Number
Let’s Move Forward Together
When it comes to dividing the Four Twelve Roofing LLC – 401(k), you don’t have to face it alone. At PeacockQDROs, we know exactly what this plan type requires and how to get your QDRO approved and enforced correctly.
Learn more about our full-service QDRO support on our QDRO page or schedule a consultation today.
Special State 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 Four Twelve Roofing LLC – 401(k), 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.