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

1. Individual income tax returns for the previous two to four years immediately prior to the filing for divorce.
2. Business, corporate and fiduciary tax returns for the previous two to four years immediately prior to the filing for divorce.
3. Objective proof of you and your spouse’s current income, such as W-2s, 1099s, pay stubs and K-1s.
4. Employment contracts or covenants not to compete.
5. 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

1. 12 months’ worth of bank statements for each checking, savings and money market account.
2. The most up-to-date certificate of deposit statement(s).
3. 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.
4. Current copies of all pension statements. (Defined Benefit)
5. 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)
6. Documentation relative to any “lump-sum” payouts
7. Copies of any information having to do with any health savings account, medical savings account or employer-related deferred purchase accounts.
8. Statements for each and every retirement or nonretirement account held through a brokerage.
9. Copies of any share certificates held for stocks or bonds in “street form”.
10. Any Information available relative a stock options, including corresponding vesting schedule.
11. Employee benefit statement.
12. Frequent flyer mileage and credit card reward statements.
13. 12 months’ worth of credit card statements for each credit card account utilized in the past 12 months.
14. Copies of any outstanding bills not accurately reflected by the above-referenced credit card statements.
15. Copies of any judgments or liens which you may have against another party.
16. Copies of any judgments or liens which another party may have against you or your spouse and which has not been satisfied.
17. Copies of any appraisals in your possession relative to any real estate or personal property such as home furnishings, jewelry, coins collections, etc.
18. Previously completed monthly budget or annual financial spreadsheets.
19. Recent credit report.
20. List of personal property that you or your spouse inherited or received as a gift from a party other than his or her spouse.
21. Any documentation in your possession, which may support your allegation that your spouse has utilized the marital property for nonmarital purposes.
22. List of your children’s current healthcare providers including their primary care physician, pediatrician, counselors, therapists and dentists.

Home-Related Information

1. Copy of all outstanding mortgages, notes and lines of credit on all primary residences, income properties and vacation properties.
2. Copies of all outstanding utility bills including WE Energies, telephone, cable television and cellular telephone bills.
3. The last year’s real estate tax bill for each property referenced above.
4. Homeowners insurance policies including any umbrella policy.
5. 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

1. 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.
2. Copies of any prenuptial, postnuptial or marital property agreements.
3. Copies of any trust (revocable or nonrevocable) of which you are a trustee or deal with you or your spouse’s estate planning.
4. Current last will and testament.
5. Current declaration to physician or living will.
6. A general durable power of attorney or health care power of attorney.