Loan Balances
401(k) plans increasingly allow employee loans. If the participant has a loan against their account, it affects the division in two ways:
- Reduced Account Value: Only the net value (after subtracting the loan) may be available for division.
- Who Pays the Loan? Generally, the participant stays responsible for repayment. However, the QDRO should clarify that the alternate payee is not entitled to a share of the loan balance (unless the parties agree otherwise).
The draft must clearly state if the assignment is based on the account with or without loan subtractions. Otherwise, you risk disputes or rejections.

