why is my lawyer asking me to fill out a statement of net worth after my divorce

by Baron Kuhn 9 min read

Your attorney, spouse, spouse’s attorney, and judge are all going to want to know what your lifestyle was like during your marriage. One of the first documents you will complete as part of the divorce process is a financial affidavit. It may also be called a statement of net worth or financial disclosure statement, depending upon your state.

The Statement of Net Worth is the blueprint of your divorce. Having an accurate picture of marital finances makes it easier to determine support and divide assets. This is the most important document you will have to complete in your divorce.Apr 7, 2022

Full Answer

What is a statement of net worth in divorce?

Nov 13, 2020 · A Statement of Net Worth is a sworn statement, usually exchanged at the commencement of any action for divorce, that outlines each party’s income, assets, expenses, and outstanding debts. It is used to assess how much money makes up the marital pot and, therefore, is available to be divided between the parties.

When your spouse won't provide financial information during a divorce?

Jul 05, 2021 · Once you have completed your Statement of Net Worth, you have a picture of how much it took to maintain your marriage financially; it will be a blueprint of the expenses to be met once divorced, and it will disclose what will be considered …

Should you disclose marital assets on a statement of net worth?

Aug 27, 2021 · In New York State, if your divorce is contested, you will have to fill out the “Statement of Net Worth” (sometimes called the “Net Worth Statement”). The Statement of Net Worth (hereinafter “SNW”) is a very comprehensive form where you will list: (i) all your assets; (ii) all your liabilities (debts); (iii) your income; (iv) your monthly expenses; (v) your gross income; …

What do attorneys look for in a statement of net worth?

The Statement of Net Worth is just one step in your journey towards reorganizing and rebuilding your finances after divorce. Knowledge is everything when it comes to creating your post-divorce financial roadmap. As Karen D. Sparks, CDFA, always says, keep in mind the three P’s: Prepare. Gather docs, research and interview professional team ...

What is a Net Worth statement in divorce?

The Statement of Net Worth is one of the initial documents that must be filed by each spouse in a divorce action. It requires an extremely detailed description of your income, expenses, assets, business interests, debts, taxes, investments, loans, transfers, and other financial information.

What is a statement of Net Worth?

A net worth statement is a financial snapshot that shows your financial wealth at a given point in time and provides a useful summary of your financial affairs. Your net worth is the difference between your assets (what you own) minus your debts (what you owe).

How do you complete a Net Worth statement?

How to set up a personal net worth statement.
  1. List your assets (what you own), estimate the value of each, and add up the total. Include items such as: ...
  2. List your liabilities (what you owe) and add up the outstanding balances. ...
  3. Subtract your liabilities from your assets to determine your personal net worth.

What is a financial statement in divorce?

The divorce financial statement is a form that lists all assets and liabilities of each person involved in the divorce. Each person must fill one out their portion and submit it to the court in order to explain their financial situation to the court.Mar 26, 2021

What is a common purpose for the net worth statement?

Chapter 8 - Budgets and Financial Records
AB
The most common purpose for a net worth statement is ________.loan or credit application
A personal property inventory is most commonly used for _______________.proof of loss from fire, theft, or property damage
The IRS can audit your tax returns for a period of ______ years.3
38 more rows

Why is it important to know your net worth?

Knowing your net worth is important because it can help you identify areas where you spend too much money. Just because you can afford something doesn't mean you have to buy it. To keep debt from accumulating unnecessarily, consider if something is a need or a want before you make a purchase.

How is trust net worth calculated?

Net worth = Total Assets - Total Liabilities.

What are the 3 sections of the net worth statement?

Classifications of Assets and Liabilities

Assets are often divided into three categories; current, intermediate and long term. In some situations the intermediate and long-term asset categories are combined into one category called "fixed assets". Current assets consist of cash and near cash assets.

What makes up your net worth?

Your net worth can be calculated by subtracting all of your debts and liabilities from your assets. You may have items that are intangible or difficult to sell that may be excluded from calculations used by financial institutions to determine loan eligibility.Dec 20, 2021

Can my ex wife claim money after divorce?

As a general rule, the money you earned during marriage is marital, and what you earned afterwards is separate. But your ex-wife can still get her hands on it in some cases.

Do you have to show bank statements in divorce?

If you are going through a divorce, separation or attending mediation, there is a duty of full and frank financial disclosure. This means that it is necessary for you and your spouse/partner to completely and honestly disclose your true financial positions.Jun 3, 2016

Can I divorce without a financial settlement?

The most important thing to stress is that if you've already divorced without reaching a financial settlement, it's not too late. While it's usually advised you reach a financial settlement and get a financial order from court at the time of divorce, you can still do this after you're divorced.Mar 8, 2022

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Why is affidavit important in divorce?

The financial affidavit is one of the most important documents in divorce, as it serves as the basis for negotiating your settlement. Any mistakes on your form or your spouse’s form can come back to haunt you during the divorce process – or worse yet – later in life.

What is the first document to be filed in divorce?

One of the first documents you will complete as part of the divorce process is a financial affidavit. It may also be called a statement of net worth or financial disclosure statement, depending upon your state. Some states even have “short form” and “long form” versions of the financial affidavit, depending on the complexity of your situation.

What is financial affidavit?

The financial affidavit is one of the most important financial documents you must complete during divorce. Filling it out properly is complex and confusing, and it takes many, many hours. The financial affidavit is a summary of your entire financial life, usually spanning the course of a year. It includes all your sources ...

What is a CDFA?

A CDFA is an expert at reviewing issues with the financial affidavit, so they can identify potential mistakes or pitfalls on the form. They can evaluate every line item on a financial affidavit and help you successfully complete the form. You can learn more about getting individual help here.

What is debt section?

For a highly detailed, complex form, the debt section is usually one of the easiest to complete, except for the part that involves facing your outstanding bills. Debts include things like credit cards, student loan debts, mortgages, and other loans.

What is financial affidavit?

A Financial Affidavit provides the Courts with a snapshot, so to speak, of a couple’s current financial picture. Plus, it compels both sides to swear they are telling the truth about their finances.

Is a blog post legal advice?

All articles/blog posts are for informational purposes only, and do not constitute legal advice. If you require legal advice, retain a lawyer licensed in your jurisdiction. The opinions expressed are solely those of the author, who is not an attorney.

What is an attorney's fee award?

an attorney's fee award— where your spouse pays for the attorney’s fees you incurred in bringing the motion. evidentiary sanctions—where the court prevents your spouse from introducing certain evidence at trial, and. jail time—ordering that your spouse spend a certain amount of time in jail.

What is a request for production of documents?

Whether you live in a mandatory disclosure state or not, you can send your spouse a formal request for information, typically called a “Request for Production of Documents.”. You can also send questions for your spouse to answer under oath, called “Interrogatories.”.

What is the most important thing to know about divorce?

In divorce, credibility is one of the most important aspects of any case. Once a judge determines a spouse’s statements can’t be trusted, recovering credibility can be very difficult. You may need to print or download online banking and brokerage accounts from the Internet. If so, you may need a login and password.

What is financial statement?

Financial statements are submitted to banks and lending institutions to document the borrower’s ability to pay back a loan. “Financial statements” is a general term describing statements of net worth, balance sheets, profit-and-loss statements, income statements, and statements of cash flow. 2.

What happens after divorce?

It's important to remember that after the divorce is final, you may get taxed on the marital assets you received through your settlement. Say your spouse handles all the investments and offers to split them 50/50.

How to know if you are getting a fair deal after divorce?

Sounds good, right? The only way to know if you're getting a fair deal is to determine the value of the investments on an after-tax basis, then decide if you like the deal. Again, you should speak with a tax professional about the impact of any proposed property division before you agree to it.

How does mediation help in divorce?

The mediation process involves a neutral third-party mediator (an experienced family law attorney trained in mediation) that meets with the divorcing couple and helps them reach an agreement on the issues in their divorce. Mediation is completely voluntary; the mediator will not act as a judge, or insist on any particular outcome or agreement.

How to minimize taxes after divorce?

Work together with a divorce financial planner or tax accountant to minimize the total taxes you and your spouse will pay during separation and after divorce; you can share the money you save. Don't forget that both spouses are liable for taxes due as a result of audits on joint returns, so it's usually in your best interest to work together and minimize possible liabilities. If you're facing complicated tax issues in your divorce, it's best to consult with an experienced family law attorney and an accountant.

Can you change beneficiaries after divorce?

After divorce, many people forget to change the beneficiaries on their life insurance policies, IRAs, and will (s), so the estates they wanted to leave to their children, new partner, or favorite charity may go instead to their ex-spouse. If you're going through a divorce, talk to a family law attorney to find out what changes you can make to your estate plan during and/or post-divorce.

How much does a divorce attorney charge?

Divorce attorneys generally charge $200- $300 per hour , and partners in well-known New York City, Los Angeles, and San Francisco family law firms typically charge $450 per hour. These attorneys can provide advice on divorce-related issues, but they are not therapists or certified financial planners.

What to do if you are going through a divorce?

If you need to talk through the emotional aspects of your divorce, or need career counseling or financial analysis, save money on additional attorney's fees and be sure to talk to the right professionals , such as a licensed therapist, vocational expert, or a financial planner.