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Financial Records and Divorce (Checklist)

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At some point in their divorce, couples divide the marital estate, which are their assets and liabilities, and memorialize the arrangement in a marital settlement agreement. At a minimum, this agreement divides what the couple own and what they owe, jointly and as individuals, and establishes the terms and conditions of support, life and medial insurance, and the legal and physical custody of their children, visitation and support. To do this, the couple needs the financial records of their marriage. This means all the assets and all the liabilities regardless of whose name is on them. On the asset side, this includes, but is not necessarily limited to:

The Checklist

income tax returns for at least the last three years (federal, state and local)
proof of both spouses’ income (w-2 and 1099 forms)
statements of any financial accounts, including checking and savings accounts, certificates of deposit, mutual funds and money market accounts
all real estate records, including the martial home and unimproved land, (particularly related paperwork such as the deed, the promissory note, mortgage, statement from the lender showing the balance due, any appraisals of property, and the most recent tax bill)
personal property, such as automobiles, furnishings, collections (art, stamp, coin)
stocks, bonds, annuities, retirement plans, particularly pensions and profit sharing plans
accrued vacation time
medical savings accounts
whole life insurance policies
trusts

And on the debt side, this includes, but is necessarily limited to:

records of credit cards
vehicle loans, including the title(s), promissory note if the vehicle is encumbered, payment coupon or invoice from most recent payment
mortgages and home equity loans
promissory notes
student loans
other loans

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COMMUNITY PROPERTY VERSUS EQUITABLE DISTRIBUTION -- There are two basic ways to handle divorce property division: Community Property: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Puerto Rico are community property states. This means that all marital property is typically defined as community property or separate property. When divorcing, community property is typically divided evenly, and each spouse keeps his or her separate property. Equitable Distribution: All other states follow equitable distribution. This means that a judge decides what is equitable, or fair, rather than simply splitting the property in two. In practice, this may mean that two-thirds of the property goes to the higher earning spouse, with the other spouse getting one-third.