Top 10 Documents
Preparing for a Divorce In New York
This list is not exhaustive but will save you time and money and emotional stress. When I speak with a client initially, I ask them to start gathering the following documents so I can get a better handle of the case and the client can start organizing their finances.
- Pay stubs and three years of tax returns. I will use these to verify:
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- True Earnings
- Additional income (off the books)
- Deductions
- Potential child support and spousal support obligations
- Tax returns also reveal business right off and assets that you didn’t know existed
- Mortgage statements, deed, home equity lines of credit and property tax bills. I want to know:
- Who legally owns the home
- Who is on the loan
- How much equity exists
- Any liens or 2nd mortgages. This determines whether you can stay refinance or sell, and how quickly
- Bank statements (6 to 12 months) for all accounts – joint and individual. This will show me:
- Where money is going
- Who pays which bills
- Any unusual activity (sudden transfers, large withdrawals)
- Full credit card statements (not just balances). This will show me:
- History of purchases, cash withdrawals, transfers and recurring charges
- Understand lifestyle and financial patterns
- Identify debts that were secretly created
- Additional users on credit cards
- Retirement account: 401(k), IRA, pension, deferred compensation plans. Retirement funds are marital assets, even if only one person contributed to them. I need to know:
- The exact name of the account, account number and institution where the accounts are held
- Current balances
- Any loans or advances taken
- Car loan documents, lease agreements, and insurance policies:
- Cars count as assets and debt
- Insurance shows who’s financially responsible and who has been paying
- Loans show who legally owns the car
- Digital subscriptions and auto pay list: These are often overlooked.
- A list of all digital accounts tied to billing
- Think iCloud, phone plans, Amazon, streaming services, kids apps, shared storage, domain renewals
- All loan documentation – Debt: Debt is allocated between the parties. Gather it now.
- student loans
- personal loans
- mortgage loan, closing statement, refinancing paperwork
- Insurance policies (health, dental, vision, life): Insurance becomes a major issue during and after divorce. You need to know who pays the premiums, who is covered, what happens if a parent loses coverage or whether a life insurance policy exists.
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- ID Cards and Plan Information to find out the plan cost and plan deductibles
- Courts often require life insurance to protect support payments and this information matters and you should know what it is early on.
- A list of assets people overlook but I don’t because these can be worth hundreds of thousands of dollars and are all martial property:
- 529 Plans
- Frequent flyer miles
- credit card points
- high-end tools and collectibles
- crypto wallets
- expensive handbags and jewelry
- gaming systems
Article By:
Natasha Meyers, Esquire
The Meyers Law Group