Loan Balances and Repayment Rules
If the participant in the Cumberland Pharmaceuticals 401(k) Plan took a loan from their account, that loan reduces the available balance for division. A key question is whether your agreement divides the account before or after subtracting the loan. Some orders give the alternate payee a percentage of the “total account value,” which includes the loan balance, while others divide only the current “net balance” after the loan. Be very clear about this in your QDRO to avoid later disputes.

