Over the years we have witnessed too many retirement assets that could not be divided as the parties intended, or at all, because the asset was either not timely discovered or fully understood. You have more leverage before the final decree to force the opposing party (or a plan sponsor) to comply with discovery requests.
Not all retirement assets are the same. Many retirement assets have unique and complicated provisions regarding benefit accrual, vesting, distribution, division, etc. You need more than a plan name and account balance to fully understand the amount and nature of a retirement asset. We recommend that full discovery is performed prior to finalizing the settlement agreement. Learn more about the importance of discovery by reading this article.
Please recognize that it can take many weeks for us to receive a response, if at all. Plans are becoming less willing to provide information to a third party, and often the plan participant must provide the information directly or you must send a subpoena. We have created a Discovery Toolkit to assist your own discovery requests. Contact us for a free copy.