Employee vs. Employer Contributions
In a 401(k), the participant usually contributes through payroll deferrals, and the employer may match a portion of these contributions. The Volk Packaging/paxit 401(k) Plan likely follows this model. In QDRO drafting, it’s critical to identify whether the order divides:
- The entire account balance
- Only the employee’s contributions
- Both employee and vested employer contributions
If employer contributions are not fully vested, those restricted amounts can’t be awarded under a QDRO. That’s why we always review vesting schedules before submission.

