Loan Balances
Many company 401(k) plans allow participants to borrow against their vested balances. If the participant has an outstanding loan balance at the time of divorce, you must decide:
- Is the loan balance to be deducted from the overall account before dividing?
- Is the participant solely responsible for repaying the loan, or should the alternate payee share that burden?
Failing to address loan balances clearly in the QDRO could cause delays in processing or disputes during payment.

