20 Questions

Financial Questions to Ask a Divorce Attorney

Critical financial questions to protect your assets and understand the economic implications of divorce during attorney consultations.

1

How is property divided in our state?

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Why this works

Understanding whether you're in a community property or equitable distribution state shapes expectations.

2

What assets are considered marital versus separate property?

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Why this works

Knowing classifications helps you understand what's subject to division.

3

How are retirement accounts and pensions divided?

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Why this works

Retirement assets require special handling like QDROs and have significant long-term implications.

4

What documentation do I need to gather?

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Why this works

Comprehensive financial records are crucial for fair asset division and support calculations.

5

How is child support calculated in our jurisdiction?

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Why this works

Understanding calculation methods helps you anticipate obligations or entitlements.

6

Am I entitled to or obligated for spousal support/alimony?

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Why this works

Alimony eligibility and duration significantly impact post-divorce financial situations.

7

How do we handle the marital home?

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Why this works

The family home is often the largest asset and requires careful consideration of options.

8

What happens to our business if one of us owns it?

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Why this works

Business valuations and divisions are complex and require specialized expertise.

9

How are debts divided in a divorce?

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Why this works

Understanding debt allocation prevents surprises and protects your credit.

10

What are the tax implications of our divorce settlement?

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Why this works

Tax consequences can significantly affect the real value of settlements.

11

Should I hire a financial expert or forensic accountant?

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Why this works

Complex financial situations may require specialized expertise to ensure fair outcomes.

12

How long will this process take and what will it cost?

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Why this works

Understanding timelines and costs helps with financial planning during the divorce.

13

What happens to our joint bank accounts and credit cards?

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Why this works

Protecting liquid assets and credit requires immediate strategic action.

14

How do we value assets like collections, artwork, or investments?

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Why this works

Non-standard assets require proper valuation for fair division.

15

Can I be held responsible for my spouse's hidden debts?

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Why this works

Understanding liability protects you from unknown financial obligations.

16

How is inheritance or gifts from family members treated?

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Why this works

Separate property designations can protect family wealth if properly documented.

17

What happens to our health insurance after divorce?

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Why this works

Healthcare coverage is a significant expense that requires planning.

18

How do we handle college expenses for our children?

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Why this works

Future education costs should be addressed in divorce agreements.

19

Can the settlement be modified later if circumstances change?

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Why this works

Understanding modification possibilities helps with long-term financial planning.

20

What financial mistakes should I avoid during this process?

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Why this works

Learning from common errors helps you protect your financial interests.

Protecting Your Financial Interests

Expert tips and techniques for getting the most out of these questions.

Essential Financial Documents

1
Step 1: Bank statements and financial account information for past 3-5 years
2
Step 2: Tax returns (personal and business) for the last 3-5 years
3
Step 3: Retirement account statements (401k, IRA, pensions)
4
Step 4: Property deeds, mortgage statements, and home valuations
5
Step 5: Business financial statements and valuations if applicable
6
Step 6: Credit card statements and documentation of all debts
7
Step 7: Pay stubs, employment contracts, and benefits information
8
Step 8: Documentation of separate property (inheritances, pre-marital assets)

Immediate Financial Steps

Open individual bank accounts in your name only
Monitor joint accounts and credit cards for unusual activity
Establish credit in your own name if you don't have it
Gather copies of all financial documents before telling your spouse
Do not hide assets or make large purchases/transfers
Consider freezing joint credit lines to prevent new debt
Update beneficiaries on life insurance and retirement accounts after divorce

Maximizing Attorney Value

Come to meetings prepared with organized documents
Be completely honest about all assets and debts
Focus on long-term financial security, not revenge
Consider mediation or collaborative divorce to reduce costs
Understand your monthly expenses and post-divorce budget needs
Don't let emotions drive financial decisions

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