A Helpful Predivorce Checklist
It is always best to be prepared. The below checklist will assist you in compiling a number of important documents that will allow your attorney to assist you in a more efficient and expeditious manner. Schmidlkofer, Toth, Loeb & Drosen, LLC, is here to help clients throughout Wisconsin.
Tax And Income Information
- Individual income tax returns for the previous two to four years immediately prior to the filing for divorce.
- Business, corporate and fiduciary tax returns for the previous two to four years immediately prior to the filing for divorce.
- Objective proof of you and your spouse’s current income, such as W-2s, 1099s, pay stubs and K-1s.
- Employment contracts or covenants not to compete.
- Any documentation indicating that you and/or your spouse are either partially or totally disabled and unable or legally limited relative work.
Current Assets And Debts
- 12 months’ worth of bank statements for each checking, savings and money market account.
- The most up-to-date certificate of deposit statement(s).
- List of the contents for each and every safety deposit box including a list of individuals authorized to enter the safety deposit box as well as a list of parties with access to the keys.
- Current copies of all pension statements. (Defined Benefit)
- Up-to-date copies of all retirement account statements including but not limited to, Individual Retirement Accounts (IRA), 401(k), 403(B), 457, SEP-IRA and Roth IRA. (Defined Contribution)
- Documentation relative to any “lump-sum” payouts
- Copies of any information having to do with any health savings account, medical savings account or employer-related deferred purchase accounts.
- Statements for each and every retirement or nonretirement account held through a brokerage.
- Copies of any share certificates held for stocks or bonds in “street form”.
- Any Information available relative a stock options, including corresponding vesting schedule.
- Employee benefit statement.
- Frequent flyer mileage and credit card reward statements.
- 12 months’ worth of credit card statements for each credit card account utilized in the past 12 months.
- Copies of any outstanding bills not accurately reflected by the above-referenced credit card statements.
- Copies of any judgments or liens which you may have against another party.
- Copies of any judgments or liens which another party may have against you or your spouse and which has not been satisfied.
- Copies of any appraisals in your possession relative to any real estate or personal property such as home furnishings, jewelry, coins collections, etc.
- Previously completed monthly budget or annual financial spreadsheets.
- Recent credit report.
- List of personal property that you or your spouse inherited or received as a gift from a party other than his or her spouse.
- Any documentation in your possession, which may support your allegation that your spouse has utilized the marital property for nonmarital purposes.
- List of your children’s current healthcare providers including their primary care physician, pediatrician, counselors, therapists and dentists.
- Copy of all outstanding mortgages, notes and lines of credit on all primary residences, income properties and vacation properties.
- Copies of all outstanding utility bills including WE Energies, telephone, cable television and cellular telephone bills.
- The last year’s real estate tax bill for each property referenced above.
- Homeowners insurance policies including any umbrella policy.
- Any documentation in your possession reflecting the legal description of any real estate in which you have an ownership interest.
Prior Legal And Estate Planning Documentation
- If you or your spouse was previously married, copies of your prior marital settlement agreement and/ or findings of fact, conclusions of law, and judgment of divorce.
- Copies of any prenuptial, postnuptial or marital property agreements.
- Copies of any trust (revocable or nonrevocable) of which you are a trustee or deal with you or your spouse’s estate planning.
- Current last will and testament.
- Current declaration to physician or living will.
- A general durable power of attorney or health care power of attorney.