Pensions and Divorce-How to Get the Information You Need

In any divorce both parties need to have one another’s pension information.  What do you do when the opposing party will not sign a release or won’t give up information you need?   Minnesota Statute Section 356.49 allows a party to get pension information directly from the plan administrator.   You need to send a copy of the divorce petition and a copy of the affidavit of service on the other party to the plan administrator with a letter asking for the information and citing to Section 356.49.   I usually include a copy of the Statute.   The plan administrator must give you the information that you need to figure the value of the pension.  The Statute covers retirement plans as well and applies to both public and private entities.   In sum, if you run into difficulties obtaining the pension/retirement information from opposing party, then read Minn. Stat. Section 356.49 and follow it to acquire the information you need.

About Kate Willmore, Esq.

Kate Willmore, Saint Cloud, Minnesota, divorce, custody and family attorney brings over 25 years experience to every client's legal matter. *** Licensed in Minnesota and in California

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