A QDRO or qualified domestic relations order is used to divide a pension or 401k.
First you (or she since she's getting the money) would need an experienced attorney to draft a QDRO. They are highly technical documents and shouldnt be attempted without legal help.
Second, how the loan balance is treated will be determined by the terms of the qdro. It will either say her share is subject to the loan balance or not. For instance if you gave her 50% subject to your loan balance then her 50% share would actually be $43,500.00. If not subject to the balance her share would be $57,500.00. An attorney representing her would obviously not want to include the loan balance in her share.
As for being
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First you (or she since she's getting the money) would need an experienced attorney to draft a QDRO. They are highly technical documents and shouldnt be attempted without legal help.
Second, how the loan balance is treated will be determined by the terms of the qdro. It will either say her share is subject to the loan balance or not. For instance if you gave her 50% subject to your loan balance then her 50% share would actually be $43,500.00. If not subject to the balance her share would be $57,500.00. An attorney representing her would obviously not want to include the loan balance in her share.
As for being
Posted via Mobile Device