When You Write “Gains and Losses,” Who’s Actually on the Hook?
“Adjusted for gains and losses.” It’s some of the most common language in divorce settlement agreements involving retirement accounts. It’s also some of the most dangerous — because it doesn’t actually answer the question everyone assumes it does. I’m on a case right now that illustrates the problem precisely. The agreement used that […]
Your Empower Subpoena Came Back Empty. Here’s Why.
When “records available from 2022 forward” isn’t the whole story. An attorney subpoenaed Empower for historical retirement records going back several years. Empower responded that records were available from April 2022 forward only. The attorney assumed the older data was gone. That assumption can be a mistake. When Prudential’s retirement business moved to Empower in […]
The 7-Year Wall Is a Retention Policy, Not a Legal Limit
Why “records unavailable” is almost never the end of the story. Your client brought $120,000 into the marriage. Fifteen years later, the retirement account is worth $700,000. The separate property argument could save your client hundreds of thousands of dollars. But you need the account history to prove it. So you call Fidelity. They tell […]
When Retirement Statements “Don’t Exist,” the Problem Usually Isn’t the Records
If you’ve ever needed 15–25-year-old retirement records for a trial or settlement, you’ve probably heard some version of this: “We don’t keep statements that far back.” “Records older than seven years are purged.” “No records found.” Most attorneys assume the case is simply too old. That assumption is costing clients real money. The real […]
Your “Missing Statements” Excuse Is Costing Clients Real Money
I’ll be blunt: “We’re missing a few years, so let’s just 50/50 the 401(k)” is how clients lose real money. There are two changes you need to factor in right now: Age 60–63 super catchups (2025): many plans allow up to $11,250 extra per year. If those deposits hit after your cutoff, they inflatethe pot unless you back […]