Loan Balances and Repayment Obligations
One issue we see often is what to do when the participant has an outstanding loan on the account. The plan may reduce the balance available for division by the loan amount, or keep it intact while assigning loan repayment responsibility. Your QDRO should address whether:
- The alternate payee will share in the risk or repayment of the loan
- The division is based on the gross or net account balance (e.g., with or without deducting the loan)
If your QDRO does not address this, it may create disputes later or result in a reduced share than what was intended.

