When a mediation includes a 401(k), an IRA or a pension, TOVA handles the retirement piece. We review the retirement language before anyone signs and estimate what a pension may be worth today. When an account had money in it before the marriage, we trace it.
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1Tell us about the case.Tell us about the case and the records you have.
2Share what you have.We provide a confidential upload link after your inquiry. Start with what you have, even if records are missing.
3We review the case.We explain the plans, the work needed and any missing records. You approve the scope and fee before work begins.
Settlement language review
Catch the problem while it is still a draft.
Once the agreement is signed, the QDRO has to match it. If the retirement language asks for something the plan cannot do, the order may be rejected, and fixing it can mean more negotiation or a return to court. A review before signing helps catch these issues while the agreement is still a draft.
Send the retirement section of the draft and the most recent statement for each plan. The review is complimentary when TOVA prepares the related order.
We do not draft or negotiate the agreement, and we do not say whether a division is fair to either party. We tell you which retirement clauses fit the plan's rules and which are likely to cause problems.
What we look for
The cutoff date, and whether the plan can use it.
Gains and losses between the cutoff date and the transfer.
How a loan is handled, even when there is no loan.
Survivor benefits on a pension.
"Marital share" with no definition the plan can act on.
A defined-benefit pension pays benefits under a plan formula. A pension present value estimate expresses that future benefit as one dollar figure today, under stated assumptions, for settlement discussions.
The fee applies once we receive the requested pension documents. The estimate lists the assumptions it uses, such as the discount rate. It is an estimate for settlement, not a payout, and TOVA does not testify on present value.
Federal civilian (FERS and CSRS) and military pensions are not included.
Was there money in the account before the marriage?
One flat project fee, quoted after review
If the agreement divides only the marital share of a 401(k), 403(b) or IRA, and the account had a balance on the date of marriage, that marital share has to be worked out before the order can be drafted. Either the account is traced to separate the marital and non-marital parts, or both sides agree on a dollar amount and put it in the agreement.
Tracing follows contributions, rollovers, loans, withdrawals, and the gains and losses that belong to each part. We review the records and quote one flat project fee before any work begins.
Contributions after the cutoff date. Many 401(k) plans can leave these out through the order itself. IRAs and TIAA plans cannot, and some other plans cannot either. When the plan cannot, tracing takes those contributions and their gains and losses out. We check the exact plan.
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Working with both sides
Neutral on the division.
TOVA does not take a side or say whether a division is fair. We prepare the work to match the agreement and the plan's rules.
Representing themselves? The parties can use the same starting choices.
What both sides can expect
The same published prices for every attorney and every party. Standard QDROs and pension estimates are $700 each; tracing is quoted by project.
The scope and the fee confirmed in writing before work begins.
An order that matches the agreement. If the parties disagree about what the terms mean, that is for counsel or the court to decide.
The intake asks for permission to communicate with the people involved.
After TOVA delivers the order, the parties or their attorneys file it with the court and send the certified copy to the plan.
What to have ready
Keep it simple. The intake asks the rest.
Here is the short list. If the plan needs anything else, we will ask. Statements go through the intake or the secure link we send, never as email attachments.
For a QDRO
The agreement. Settlement agreement, memorandum of understanding, whatever it is called. It does not have to be signed, but it has to be final. Send the first page with the case caption and the pages that divide the retirement accounts.
One recent statement for each plan, so we can identify the plan.
For a pension estimate
The pension statement showing the benefit earned so far, and the date of hire.
If the participant already retired, tell us and we will confirm what we need.
For tracing
The date of marriage and the cutoff date.
The statement closest to the date of marriage, and whatever statements you have after it.
Missing older statements? Send what you have and we will tell you what is missing.
What to expect
Tell us about the case through the inquiry or intake form.
We review what you sent and confirm the work and the fee in writing.
The engagement terms and a payment link arrive in one email.
After payment, we send a secure folder for any other documents.
We draft the order to the plan's rules and request the plan's pre-approval where the plan offers it. Most drafts go out in 48 to 72 hours once we have everything we need.
We deliver the order with the plan's pre-approval letter or email, or the finished order if the plan does not offer pre-approval. The parties or their attorneys file it with the court and send the certified copy to the plan.
Want a training session for your firm or bar association? Email Kat Toerner at ktoerner@tovaretirement.com. Training is available for firms with five or more attorneys.
New and existing cases
Start with Sharon.
Sharon Edelman is the first contact on every new case. Send the retirement language, the latest statement, or a short note on what the case needs.
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