Introduction
Dividing retirement assets like a 401(k) can be one of the most complicated parts of a divorce. If your former spouse has a retirement account through the Brown Brothers Asphalt & Concrete 401(k) Plan, it’s crucial to understand how a Qualified Domestic Relations Order (QDRO) works. A QDRO is the legal mechanism used to divide retirement benefits in divorce, and with a 401(k) plan like this, there are unique factors to consider—especially vesting schedules, loan balances, and Roth account distinctions.
At PeacockQDROs, we’ve completed thousands of QDROs. We handle the full process—from drafting to filing to follow-up—so you’re never left to figure things out on your own. In this article, we’ll walk you through what you need to know about dividing the Brown Brothers Asphalt & Concrete 401(k) Plan in divorce using a QDRO.
Plan-Specific Details for the Brown Brothers Asphalt & Concrete 401(k) Plan
Before preparing a QDRO, it’s important to understand the basic information about the plan:
- Plan Name: Brown Brothers Asphalt & Concrete 401(k) Plan
- Sponsor: Brown brothers asphalt and concrete, LLC
- Address: 20250630064200NAL0006489811001, 2024-01-01
- EIN: Unknown (you’ll need to request this from the plan administrator)
- Plan Number: Unknown (also request from the plan administrator)
- Industry: General Business
- Organization Type: Business Entity
- Status: Active
- Participants: Unknown
- Plan Year: Unknown to Unknown
- Effective Date: Unknown
- Assets: Unknown
This is a traditional 401(k) plan used by a general business employer. Most likely, contributions are made by both the employee and the employer, with possible vesting schedules and account variations across traditional and Roth portions. These details affect how QDROs must be written.
Why a QDRO Is Necessary
If you’re awarded a portion of your spouse’s 401(k) in divorce, you can’t simply withdraw or transfer funds. The plan is protected under federal law (ERISA), and a QDRO is legally required to separate the account without triggering taxes or penalties. Without it, even if the divorce judgment says you get a share, the plan administrator won’t (and legally can’t) pay you.
Employee and Employer Contribution Division
Most 401(k) plans consist of contributions made by the employee and matching contributions by the employer. The Brown Brothers Asphalt & Concrete 401(k) Plan likely includes both, which means the QDRO must clarify whether the award is based on the total balance, only vested funds, or a specific dollar amount or percentage.
Key Questions to Ask:
- Does the participant have both employee and employer contributions?
- Are employer contributions fully vested?
- Do you want to divide the entire balance or just the marital portion?
At PeacockQDROs, we always ask clients to confirm the account balances and vesting information before finalizing an order. For more on this, visit our common QDRO mistakes page.
Vesting Schedules and Forfeited Amounts
Many business retirement plans—especially in industries like construction—include vesting schedules for employer contributions. This means that even though an employee might see a balance in their account, only a portion of that is theirs to keep if they were to leave employment.
If your spouse is still working at Brown brothers asphalt and concrete, LLC, some employer contributions may be unvested. In that case, you can’t be awarded more than the vested balance. A good QDRO will make this clear, so that if additional funds vest later, you may still receive your proper share.
Pro Tip:
Always request a breakdown of what’s vested and unvested when requesting plan documentation from the administrator. This small step can make or break the effectiveness of your QDRO.
Loan Balances and Repayment Obligations
401(k) loans are another wrinkle in the QDRO process. Part of the account balance might already be borrowed by the participant. The question becomes: Do you split the gross balance or net after loans?
For example, if the total account is $100,000 but $20,000 is borrowed, your 50% award could either be $50,000 (before loans) or $40,000 (after deducting the loan). It depends on what the QDRO says—and this can significantly impact your settlement.
What You Need to Know:
- The plan administrator decides how loans are treated under QDROs—so ask early.
- You cannot be assigned the obligation to repay your ex-spouse’s 401(k) loan.
- We usually recommend dividing the “total account including loans” unless the court orders otherwise.
Each QDRO must be custom-written to reflect how loans should be handled—or you risk an incorrect transfer or unpaid award.
Roth vs. Traditional 401(k) Accounts
Some 401(k) plans include both traditional (pre-tax) and Roth (after-tax) contributions. If the Brown Brothers Asphalt & Concrete 401(k) Plan includes Roth options, it’s vital that the QDRO clearly separates the two account types. Mixing Roth and traditional funds in a QDRO can create major tax headaches.
We always request an account breakdown from the plan administrator showing:
- Traditional 401(k) balance
- Roth 401(k) balance
- Total combined account balance
The QDRO should mirror this breakdown. That way, when your share is transferred, it stays in the right tax category and avoids unintended tax consequences.
How Long Does the Process Take?
Many people underestimate the timeline for getting a QDRO done. On average, a QDRO takes 60 to 90 days from start to finish—but that can vary depending on court procedures and plan administrator response times.
Here are five key factors that affect how long a QDRO takes, including court backlog and preapproval policies.
At PeacockQDROs, We Do It All for You
At PeacockQDROs, we’ve completed thousands of QDROs from start to finish. That means we don’t just draft the order—we handle everything:
- We draft the QDRO
- Submit for preapproval (if the plan allows it)
- File it in court
- Submit the signed order to the plan
- Follow up with the administrator until funds are transferred
That’s what sets us apart from firms that hand you a document and leave you to handle the rest. We maintain near-perfect reviews and pride ourselves on a track record of doing things the right way. Learn more about our QDRO services here.
Wrapping Up: Don’t Leave Your Retirement Award to Chance
The Brown Brothers Asphalt & Concrete 401(k) Plan has many variables that affect how benefits should be divided in divorce—vesting, loans, Roth balances, and plan-specific rules. If you don’t prepare the QDRO carefully, you could lose thousands of dollars.
If you’re unsure how to proceed, don’t go it alone. Talk to someone who understands the process and can take it from start to finish.
State-Specific Help: Contact Us Today
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 Brown Brothers Asphalt & Concrete 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.