Loans Against the Account
If the participating spouse has taken out a loan against their 401(k), that outstanding loan balance must be addressed in the QDRO. Here are your options:
- Exclude the loan from division, treating it as the participant’s sole responsibility.
- Divide the loan burden proportionally between parties.
- Include the loan balance as part of the participant’s share, lowering the alternate payee’s percentage.
Make sure this is clearly stated in the QDRO. Otherwise, conflicts may delay the distribution or result in an unfair shift in value.

