Loan Balances and Their Effect
If the participant took out a loan against their 401(k), the balance could impact the value available for division. Decide in your QDRO whether:
- The loan stays with the participant, and the division is based on the account value excluding the loan
- The alternate payee shares in the loan’s burden, and the account is split based on the full value including the loan
We frequently see issues here when QDROs don’t clearly state how the loan should be treated. That’s why we clarify this up front with our clients and include language the plan administrator understands and accepts.

