The Second Saturday Divorce Document Checklist (Updated)
A Comprehensive List of Documents You Need to Prepare for Your Divorce (Updated)
One of the primary purposes of your divorce settlement is to divide your marital property between yourself and your spouse in a fair and equitable way. (Hopefully, you and your spouse can agree on what is fair and equitable through divorce mediation or collaboration, but sometimes a judge will have to decide for you).
Your family law attorney can’t help you develop a divorce settlement strategy until your marital property and its real-world value are accurately cataloged. You can make this process a whole lot easier by providing your attorney with documentation related to all of your property.
Many people make the mistake of meeting with a divorce lawyer before gathering these crucial materials, which can slow down the entire process. Here is a helpful divorce document checklist to help you determine the documents you need to collect to assist your attorney.
If you are mediating your case, see our complete divorce mediation checklist.
Gather as many of these documents as you can before your first consultation:
Divorce Document Checklist
A Quick Note on Prenups
One important first step before you dive in: if you and your spouse signed a prenuptial or postnuptial agreement, locate that document right away. A prenup or postnup can significantly affect which assets are considered marital property and which belong solely to one spouse. That distinction can shape your entire settlement strategy from the beginning.
Work
- Your federal, state, and local tax returns for the last five years
- Business tax returns if you and/or your spouse own a business
- Proof of your income for both spouses (W-2, pay stub, bank statement with direct deposit, etc.)
- Stock options that you and/or your spouse have
- Employment contracts for both spouses
- Benefits statements for both spouses
- RSUs (Restricted Stock Units), ESPPs (Employee Stock Purchase Plans, and vesting schedules for both spouses
- Deferred compensation plan statements
- 1099 forms if either spouse does freelance, contract, or gig economy work (like Uber, Etsy, or DoorDash)
- Contractor or consulting agreements for either spouse
Savings and Investments
- Bank statements for all of your accounts
- Certificates of deposit
- Trust documents
- Stock portfolio statements
- Your 401(k) statement/retirement account statement (for example, IRA)
- Your spouse’s 401(k) statement/retirement account statement (for example, IRA)
- Pension statements
- Online account statements (Paypal, Venmo, Zelle, and any other payment systems, peer-to-peer payment services, digital wallets, etc.)
- HSA (Health Savings Account) statements for both spouses
- FSA (Flexible Spending Account) statements for both spouses
- 529 college savings plan statements
- ESOP (Employee Stock Ownership Plan) statements
- Social Security statements for both spouses (This is especially important if you’ve been married for 10 years or more)
- Airline miles, hotel points, and credit card rewards balances (these have real monetary value)
Property and Assets
- Mortgage statement for all homes owned
- Property tax statements for all property owned
- Loan applications (includes car loans, refinances, home improvement loans, etc.)
- Deeds to all real property
- Car registrations for all vehicles
- Utility bills for all properties
- Personal property appraisals (for example, jewelry, equipment, artwork, etc.)
- List of major personal property (Include anything of significant value, such as jewelry, artwork, equipment, furnishings, high-end clothing, etc.)
- List of property owned by each spouse prior to marriage (It is important to distinguish property that is not marital property)
- Car insurance policies for all vehicles
- Home insurance for all properties
- Timeshare agreements
- Rental income records and current lease agreements
- Short-term rental records from Airbnb, VRBO, and similar platforms
- Foreign property deeds or foreign account statements if either spouse holds assets outside the United States
Estate Planning Documents
- Health insurance policies for you and your spouse
- Life insurance policies for you and your spouse
- Wills for both spouses
- Living trusts for both spouses
- Powers of attorney for both spouses
- Durable powers of attorney for both spouses
- Advance healthcare directives for both spouses
- Prenuptial or postnuptial agreements
- Beneficiary designations on retirement accounts, life insurance policies, and any other accounts where a beneficiary has been named
Digital Assets
- Cryptocurrency holdings, like Bitcoin, Ethereum, and any other coins or tokens
- Crypto exchange account statements from platforms like Coinbase, Kraken, Binance, and others
- Digital wallet information, including cold wallets and hardware wallets
- NFT holdings and their purchase history
- Monetized online accounts like YouTube channels, Substack subscriptions, Etsy shops, Amazon seller accounts, or other income-generating platforms
- Intellectual property documentation, like patents, copyrights, book deals, licensing agreements, and royalty income streams
- Domain names and websites with assessed value
- Professional social media accounts with income or brand sponsorship arrangements
Debts and Liabilities
- Credit card statements for all credit cards
- Student loan statements for both spouses
- Personal loan agreements and current balances
- Medical debt documentation
- Any IRS payment plans or outstanding federal or state tax liabilities
- Documentation of any judgments, collections, or liens against either spouse
- Business debt or personal guarantees on business loans
- Full credit reports for both spouses
Children
- Birth certificates for all children
- Current school enrollment records and tuition agreements
- Children’s medical records and health insurance cards
- Childcare provider agreements and monthly costs
- Any existing custody orders or child support orders from prior relationships
- Records of ongoing large expenses, such a tutoring, therapy, specialized medical care, or extracurricular activities
Other
- Any additional insurance policies (for example, disability insurance, long-term care insurance, etc.)
- Documentation of inheritance received by either spouse
- List of major gifts from family members
- List of all other major bills, such as medical bills, college tuition, and even your child’s dance classes
- Monthly budgets
- Pet ownership documentation and estimated veterinary care costs
- Recurring subscriptions and digital service costs
Document Tip One: Start Before the Divorce
Gathering all of these documents is probably going to be a long and arduous process no matter what. However, an angry and emotional spouse can make things even harder by refusing to hand documents over or even trying to hide assets. It is a smart move to begin cautiously gathering as many documents as you can before you announce your intention to divorce your spouse so that they won’t try to hamper your efforts. If your spouse is the one to ask for a divorce and actively tries to hide documents, you can always seek a court order to require them to hand over the information that you need.
Document Tip Two: Bring Copies to Your Consultation
Your divorce attorney can’t begin to plan your divorce settlement or design a basic proposal until he or she understands the scope of your estate. Make copies of all the documents you can get your hands on and guesstimate if you can’t get hold of a particular document. Bring all of this paperwork to your divorce attorney consultations. Your attorney will appreciate this greatly! As a bonus, the more documents you can get on your own, the fewer hours your attorney will have to spend trying to legally force your spouse to turn them over, which means lower attorney fees for you!
Document Tip Three: Don’t Overlook Your Digital Financial Life
In the age of online banking, cryptocurrency, and digital businesses, some of your most significant marital assets may exist entirely online. These assets are both easy to forget about and easy for one spouse to hide from the other. Every online account either spouse has ever opened, such as a crypto wallet created years ago or an Etsy store, can hold real value.
Document Tip Four: Document Your Debts, Not Just Your Assets
It’s tempting to just focus on what you own when you’re going through a divorce, but what you owe matters, too. You and your spouse will have to figure out how to divide your marital debt right alongside your marital assets. The easiest way to start visualizing your debt is to pull a current credit report for each spouse.
Document Tip Five: Consider Working with a CDFA
A Certified Divorce Financial Analyst (CDFA) is a financial professional who specializes in the financial side of divorce. They can help you understand the long-term implications of different divorce settlement options and help you make sure no asset or liability gets overlooked.
Many people find that working with a CDFA or experienced financial advisor alongside their divorce attorney saves them money in the long run. They can be a very useful resource.
Start Gathering Your Divorce Documents Today
We know, this divorce documents checklist is a lot. Divorce is already one of the most emotionally and logistically demanding experiences you’ll probably ever go through. Staring down an endless checklist can feel overwhelming.
Just remember that the work you put into gathering these documents now will pay off throughout your divorce process. You’ll enjoy clearer negotiations, fewer delays, and (hopefully) a more complete and fairer settlement.
Start with one section of the list at a time. You also don’t have to find every single document on your first pass. Begin with the documents you have access to. Note what’s missing, and let your attorney or financial advisor help you fill in the gaps. You can do this.
Want even more advice on how to prepare for your divorce? Consider attending a Second Saturday Divorce Workshop, where you can get useful divorce advice from local experts.
