1. Active Loan Balances
If the employee (called the “participant”) has taken out loans from their 401(k) plan, the QDRO must be very clear about whether the account balance being divided includes or excludes the unpaid loan amount. Why does this matter? Because a loan reduces the available balance. If your QDRO divides the entire stated balance without excluding loans, one party could end up with a smaller piece than intended.

