Your forensic expert can trace bank accounts. But that doesn’t mean they should trace the 403(b).
Here’s the mistake I see from smart attorneys all the time.
They bring in a “numbers person” for retirement tracing. An accountant, a business appraiser, a valuation expert.
And yes, they can read a statement. They know how to track deposits and withdrawals. But they don’t know how these plans work.
That’s where things fall apart.
401(k)s, IRAs, 403(b)s – they don’t behave like brokerage or business accounts. Each has its own transfer rules, valuation rules, gains and losses policies, and timing traps.
Example: A 401(k) might let you use a historical cutoff. An IRA or TIAA 403(b)? They reject it. That means you need today’s marital value, calculated manually.
And if the plan rejects your language? That same expert can’t tell you why.
They don’t prepare enforceable values. They don’t translate to QDRO-ready instructions. They leave that to you.
This isn’t about who’s smarter. It’s about who’s fluent.
Retirement specialists aren’t just tracing dollars. They’re translating the valuation into language the plan accepts, without chaos later.
So yes, bring in your financial pro. Just make sure they’re the right kind for the job.
P.S. I run a free 60-minute virtual Settlement Language Lab for law firms. If your team drafts or reviews retirement language, book a session. I’ll walk you through plan types, division rules, valuation dates, and language drills that hold up. Everyone gets the TOVA SLIP – Settlement Language Instruction Playbook: DC Plans & IRAs edition.
Want a copy of the Settlement Language Playbook? Schedule your Settlement Language Lab for your law firm. https://forms.office.com/pages/responsepage.aspx?id=9t-5Cwtk7EqcJmnl-1SrwpNstTLBMy5LhYad91yuoL9UNDhEQktQQVo0VjJVMThRVVVZRVdKNUIyQy4u&origin=lprLink&route=shorturl