Records Discovery
TOVA Records Discovery · $1,500 flat

How our Records Discovery service works

Your subpoena came back with seven years of statements, and you still have to prove separate property. Here is exactly what we do about it, step by step, with two real cases.

10 short steps. Tap Next or just scroll.

Records response

Statements are available for the last seven years only.

Illustration
SEVEN YEARS ONLY
The missing years

The balance you need is from before the statements start.

That balance helps show what was there before the marriage. Then we trace what happened to that money.

Date of marriage
Missing years
Seven years
Our research

So first, we dig into who kept the records, year by year.

We start with what you already have, and what your office already tried.

Form 5500
For a 401(k), these filings help us find the record keepers.
SEC filings
They show us mergers and acquisitions.
Tax records
IRA forms can show accounts and rollovers.
Company history
Plans change record keepers, and employers merge.
KEEPER 1
KEEPER 2
KEEPER 3
Who kept the records in the missing years, and who may have them now.
What you get

Then we write the requests for you.

Client letter
Request for my retirement account records

Complete transaction history, including deposits, withdrawals and transfers.

Your client signs it and asks for their own records.
Your letterhead
Request for retirement plan records

Balances by employee and employer contribution source.

Your firm reviews it and sends it.
Subpoena language
Records to request

Running contribution totals, using the plan's own record labels.

The exact wording for your demand letter or subpoena.
These are illustrations, not real letters
What to ask for

Ask for the data, not the statements.

When the statements stop at seven years, the transaction data behind them may go back much further.

Statements
Quarterly statement
Transaction data
DateSourceTypeAmount
Each dateEmployeeContribution$
Each dateEmployerMatch$
Each dateRolloverTransfer in$
Who does what
Your client sends their letter.
Your firm sends its letter, and prepares and serves any subpoena.
You send us whatever comes back.

Then we read every page.

✓What came back
✓What is still missing
✓What to ask for next
Real case one: the wrong company

The subpoena went to Empower.

Empower sent only 2023 to 2026.

TRANSAMERICA
In 2010
MASSMUTUAL
In between
EMPOWER
2023 to 2026
Another subpoena named
New York Life Insurance Company
The annuity was with
New York Life Insurance and Annuity Corporation
✓

So we identified who kept the records before Empower, and the right name for the annuity company.

Real case two: TIAA

The client had TIAA accounts from the early 1970s.

About 21 years of marriage.

And TIAA said the statements only went back seven years.

So we wrote one letter for the client to send, using TIAA's own term:

accumulation balance
as of a specified date

In under three weeks, it came back.

✓The balance at the date of marriage
✓The balance at commencement
✓Contributions back to 1971

Then we kept telling the client what to ask for next, until the full marital history was documented.

Then we traced the whole account.

Over $600,000

proved as separate property.

One firm

From here, we take it all the way to the order.

Records
The research and the requests.
Tracing
Gains and losses. Contributions after the cutoff stay out of the marital share.
Report
For settlement or for trial.
Order
Written to the plan's own rules.

The same firm that found the records traces them, calculates the number and writes the order. Nobody has to start over with your file.

If your subpoena came back with seven years, send me what you have.

We will help you ask for the right records to prove separate property.

Records Discovery is a flat $1,500. Tracing is a separate service, and we quote it after we see the scope.

Start the short records inquiry

tovaretirement.com/records-discovery