Loan Balances
401(k) loans are a significant consideration in any QDRO. If the participant has taken out a loan against their account, that amount is often excluded from available assets for division. However, some QDROs allow the alternate payee to share in the account balance “as if the loan didn’t exist.” It depends on the goals of each party and whether fairness requires using the gross or net balance.
It’s essential to know whether the plan requires that loan payments continue post-divorce and if those payments will reduce the alternate payee’s share or just the participant’s.

