Loan Balances Must Be Addressed
Many employees borrow against their 401(k)s through loans. If your spouse has done this in the Clarke Retirement Plan, it’s critical to address it in the QDRO. Will the loan balance be included in the division? Will one spouse bear responsibility for repayments?
Failing to spell this out can cause major issues later. Typically, if the loan stays with the employee (called the “participant”), the alternate payee (usually the non-employee spouse) receives a share of the remaining balance after subtracting the loan amount. But this must be clearly stated in the QDRO.

