The Seven-Year Wall Is a Myth
From the Settlements Done Right newsletter. When a plan says the old statements are gone, the data is usually still there. The client's separate property goes with it.
In this edition, Denisa takes apart the idea that retirement records vanish after seven years. When a plan administrator says older statements are unavailable, the underlying data usually still exists, with the original administrator, the plan sponsor, the IRS, or the Department of Labor. The case stalls only when "the records do not exist" is accepted at face value.
The takeaways
- "Unavailable" usually means "not on the current platform," not "gone."
- The work runs in four steps: recover the historical records, trace the separate-property amount from the date of marriage forward, draft compliant settlement language, and obtain a valid QDRO.
- Most cases stall at step one, the moment the records claim is accepted instead of pursued.
We have since documented it. A real recordkeeper produced the date-of-marriage balance and full contribution history in 16 days, with no subpoena, for accounts opened in the early 1970s. See the documented result.
Go deeper in the records discovery guide and the forensic tracing guide.
TOVA is not a law firm and does not give legal or tax advice. Counsel makes the legal calls.
Read the full edition
This edition was published in Settlements Done Right, Denisa's biweekly newsletter for divorce attorneys.
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By Denisa Tova-Liebman, MBA, CFP, CDFA, CQS