FL-142 item 13 · preference, effective value and feasibility

Negotiating IRAs, annuities and deferred compensation in a California property case

Scenario-test risk, timing, forfeiture, employer control, tax and cash access. A speculative award should not be traded as certain cash without an agreed risk allocation.

Model the actual bargain

Scenario-test risk, timing, forfeiture, employer control, tax and cash access. A speculative award should not be traded as certain cash without an agreed risk allocation.

Keep the section 2550 face-value ledger intact, then show any negotiated effective-value adjustment as a separate, named assumption. This lets both parties see whether they disagree about the law, the evidence, the economics or simply the preference.

Questions the scenario must answer

  • Who wants the IRAs, annuities and deferred compensation, and how strongly?
  • What face value enters the equal-division ledger?
  • What tax, cost, risk, restriction or timing assumption changes practical value?
  • What cash, credit or transfer step makes the allocation feasible?
  • What happens if the key assumption is wrong?

The source record for IRAs, annuities and deferred compensation

  • Custodian or plan statements
  • Grant agreements and vesting schedules
  • Employment, bonus and deferred-compensation terms
  • Tax basis, surrender and distribution information

Stress test

Move the IRAs, annuities and deferred compensation to the other party, remove the disputed adjustment and change the value within the supported range. A robust settlement should show how each change affects both net awards, the equalizing payment, near-term liquidity and implementation risk.

Questions about this topic

What is the biggest negotiate mistake for IRAs, annuities and deferred compensation?

Treating equal face value as proof that the allocation is liquid, fundable and equally useful.

Can the workspace decide this negotiate issue automatically?

It can preserve facts, run arithmetic and expose assumptions. Disputed legal conclusions, professional valuations and third-party transfer decisions still require the appropriate human or institution.

Continue the workflow