Legal Question in Family Law in California
I am in the process of trying to get a retirement account divided. I need to serve a request for benefit information and don't know exactly what has I should ask for. If I don't specifically describe each and every document, I won't be included. Trying to get any information is not easy from this person will probably require a court order.
I know it is a 401K /profit sharing account and has an option for self directed brokerage accounts. There are also fringe benefits such as rideshare and employee referral bonus ect.
What about life insurance policies? I have a SPD but I don't know what safe vs. non safe, qualified vs. non, ect.
2 Answers from Attorneys
It sounds like you need an attorney. You should join the retirement plan so nothing can be withdrawn and then get the information directly from them. Otherwise, I don't know who you are trying to get the life insurance information from. You can use a request to produce as well as interrogatories.
I suggest that you subpoena the employment records, including all benefit information. When you have the information. It costs money, but is more reliable and you will not incur expenses trying to get the opposing side to cooperate with Requests to produce and interrogatories. If you do not have an attorney, you may be able to work directly through a subpoena service.
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