1. Outstanding Loan Balances
If the employee has taken a loan against their 401(k), the QDRO must account for that. There are a few options:
- Exclude the loan amount and assign a share of the remaining balance.
- Include the loan as part of the divisible balance, holding both spouses responsible for its impact.
Plan administrators vary in how they handle loans, so your QDRO must reflect the plan rules. At PeacockQDROs, we contact the administrator directly to confirm the proper handling before drafting language. That’s one more reason it’s smart to work with a dedicated QDRO firm.

