Introduction
Dividing retirement assets in a divorce can be one of the most complicated parts of the process—especially when one or both spouses have a 401(k). If your spouse has benefits in the Ally Waste 401(k) Plan, or you’re an employee of Ally waste services, LLC going through a divorce, you’ll likely need a Qualified Domestic Relations Order (QDRO). This court order allows the plan administrator to legally divide retirement benefits between divorcing spouses.
This article walks you through everything you need to know about using a QDRO to divide the Ally Waste 401(k) Plan, including plan-specific details, common mistakes, timing, and what sets our office—PeacockQDROs—apart in handling this process correctly from start to finish.
Plan-Specific Details for the Ally Waste 401(k) Plan
If you’re dividing the Ally Waste 401(k) Plan in a divorce, you must collect and understand certain data specific to this plan. Here’s what we currently know:
- Plan Name: Ally Waste 401(k) Plan
- Plan Sponsor: Ally waste services, LLC
- Address: 20250721093936NAL0000554899001, 2024-01-01
- EIN: Unknown (will need to be obtained for submission)
- Plan Number: Unknown (also needed for QDRO submission)
- Industry: General Business
- Organization Type: Business Entity
- Participants: Unknown
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Status: Active
- Assets: Unknown
Because some crucial data like the EIN and Plan Number are missing, obtaining a recent plan statement or contacting Ally waste services, LLC directly is critical. These details must be included in a QDRO for it to be processed without delay.
How a QDRO Works for the Ally Waste 401(k) Plan
A QDRO is a court order that instructs the Plan Administrator to divide a retirement account between spouses. For the Ally Waste 401(k) Plan, this allows benefits to be allocated to an Alternate Payee—usually the non-employee spouse—without tax penalties or early withdrawal consequences.
The Plan Administrator won’t divide anything without a signed and court-certified QDRO that complies with ERISA (the Employee Retirement Income Security Act). And for 401(k) plans like this one, several special considerations can affect the division.
1. Employee and Employer Contributions
In most 401(k) plans, employees make contributions directly from their paycheck. The employer, Ally waste services, LLC, may also make matching or discretionary contributions. It’s important to understand that only vested employer contributions are available to be divided in a QDRO.
If the employee is partially vested—common in business entities where employees must meet service requirements—then only vested amounts will be assigned to the Alternate Payee. The unvested portion remains with the employee and may be forfeited if they terminate employment before becoming fully vested.
2. Vesting Schedules and Forfeitures
The Ally Waste 401(k) Plan likely includes a vesting schedule for employer contributions. The QDRO should spell out how to handle any unvested funds at the time of order division, and whether the Alternate Payee will receive allocated portions of future vesting.
Failing to address these details in the QDRO could lead to disputes, denied orders, or the Alternate Payee missing out on potentially significant funds. Always ask whether the Plan allows for post-order vesting language.
3. Loan Balances and Repayment
If the employee has taken loans from the Ally Waste 401(k) Plan, that affects the account balance. Most QDROs need to specify how loans should factor into the division:
- Include or exclude from the total balance?
- Divide pre-loan balance or net post-loan value?
- Is the Alternate Payee responsible for a portion of the loan?
Generally, we advise excluding loan balances from division so the Alternate Payee doesn’t pay for a benefit they never received. However, each situation is unique, and clear instructions are essential.
4. Roth vs. Traditional Accounts
Increasingly, 401(k) plans offer both traditional pre-tax and Roth after-tax contributions. The QDRO dividing the Ally Waste 401(k) Plan should specify how to handle these account types. These accounts are treated differently for tax purposes and cannot be combined.
If division is meant to include both traditional and Roth balances, they must be separated out in the QDRO and assigned to corresponding accounts for the Alternate Payee. This avoids unintended tax consequences down the road.
This is another common mistake we address in our guide Common QDRO Mistakes.
Why You Must Get It Right the First Time
Plan Administrators won’t fix errors in your QDRO—they’ll simply reject it. That’s why having a properly drafted, fully compliant QDRO from the beginning is critical. For the Ally Waste 401(k) Plan, it means:
- Getting correct plan details (EIN, account type, vesting status)
- Using plan-specific language accepted by Ally waste services, LLC
- Listing loan treatment, account types, and valuation dates clearly
Why Choose PeacockQDROs?
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 online services 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. You get personalized attention, detailed communication, and experienced legal support designed specifically for 401(k) divisions like the Ally Waste 401(k) Plan.
Want to know how long it usually takes? Read 5 Factors That Determine How Long It Takes to Get a QDRO Done.
What You Need to Provide for a QDRO
To get started with dividing the Ally Waste 401(k) Plan, here’s what we typically need:
- Full legal names and addresses of both spouses
- A copy of the signed divorce decree
- Most recent plan statement
- Date of marriage and date of separation
- Plan contact details, if available
The more information you can provide upfront, the faster we can begin—and complete—the QDRO process. Our team helps you collect missing documents if needed.
Final Thoughts
The Ally Waste 401(k) Plan is a standard 401(k) with both employee and employer contributions—likely with Roth and traditional options, along with standard vesting rules. These elements make proper drafting of the QDRO essential. A poorly drafted order can delay your divorce, cause tax problems, or result in lost retirement benefits for the Alternate Payee.
Don’t take chances. Let a firm that does this work every day handle the QDRO correctly the first time.
Need Help With a QDRO for the Ally Waste 401(k) Plan?
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 Ally Waste 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.