Loan Balances
If the participant has an existing loan against their G, J&l, Inc.. 401(k) Plan account, it’s important to know whether the amount being divided includes or excludes that outstanding balance. Some plans reduce the account balance by the loan amount before calculating the alternate payee’s share. Others do not. Your QDRO must make this clear, or the division may end up being unfairly skewed.
Also note: The alternate payee generally does not assume responsibility for any outstanding loan repayment. The participant remains solely liable for repayment, unless otherwise agreed.
Traditional vs. Roth 401(k) Accounts
Many corporate 401(k)s now include Roth subaccounts in addition to traditional pre-tax contributions. If the G, J&l, Inc.. 401(k) Plan includes both types, the QDRO must be drafted to state whether the alternate payee is receiving a share from each, or only one type. This distinction has major tax consequences. A Roth distribution to the alternate payee may be tax-free if certain age and tenure requirements are met, while traditional account distributions will be taxed as income.