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And to be real clear about this, it doesn't matter if it is a DB or DC plan, the answer would be the same. The reason the answers are what they are is because all the QDRO rules tell you is if you have a valid QDRO. There are no QDRO rules that tell you what a QDRO has to say that isn't related to it being a valid QDRO or not. As such the plan benefits are just property that can be negotiated over in a property settlement during a divorce. So if one party is willing to give up a part of their pension benefits as part of the property settlement, so be it from the plan's perspective (as long as there is a valid QDRO).

Always happy to participate. Hypos and thinking outside the box keeps us on our toes.

Take a look at 1/401(k)-1(d)(3)(iv)(D). this may help you out. Essentially, a loan doesn't have to be taken first if the loan increases the need.