Breaking the Seven-Year Wall

When a plan or record keeper says older retirement records are unavailable, that does not always mean the data is gone. The problem is usually what was requested, where the request was sent, and whether the employer, a prior record keeper, or the plan history was ever reviewed. This masterclass shows attorneys how to work the records question before concluding that tracing or valuation is impossible.

What the masterclass covers

The session is built around the records problem attorneys hit most: the client married years ago, the separate-property portion of a retirement account depends on history from the date of marriage forward, and the current record keeper will only produce a recent window. The class works through how to identify who actually holds the older data, how to ask for it in terms the holder can answer, and how to read what comes back.

Who it is for

Divorce attorneys dealing with missing, incomplete, or supposedly unavailable retirement records, particularly when the date of marriage predates what the current record keeper will produce. The material is case-driven and built for attorneys in active practice.

CLE credit

The material is written and delivered to the depth and rigor continuing legal education requires. When a law firm, bar association, or other approved provider sponsors the session, it can be structured to qualify for CLE credit under that provider's accreditation. TOVA presents the material; CLE credit is awarded through the sponsor, subject to the rules of the jurisdiction.

The principle behind it

Stop asking for statements. Start asking for data. A plan administrator is obligated to know what a participant is owed, and the underlying records usually still exist with the original administrator, a prior record keeper, the plan sponsor, or a federal agency. For the substance, see the records discovery guide and the forensic tracing guide.

See TOVA's other attorney trainings on the attorney training page, including the Settlement Language Lab.