⚖️ DIVORCE FINANCIAL
PROTECTION GUIDE

🗂️ MARITAL ASSET REGISTER

Instructions: Fill in your assets. Mark “M” (marital) or “S” (separate). Attach statements.

• M / S Real estate (primary home, rental, land): _______________ Value $________
• M / S Vehicles (cars, boats, RVs): _______________ Value $________
• M / S Bank accounts (checking, savings, CDs): _______________ Balance $________
• M / S Investment accounts (brokerage, 401k, IRA, stocks): _______________ Value $________
• M / S Retirement plans (pension, 403b, TSP): _______________ Value $________
• M / S Business interests (LLC, corp, partnership): _______________ Est. value $________
• M / S Personal property (jewelry, art, collectibles >$500): _______________ $________
• M / S Debts (mortgage, credit cards, loans): _______________ Balance $________

📌 Separate property note: Inheritances, gifts to one spouse, and pre-marital assets (with proof) are generally separate. Keep records.

🔍 RED FLAGS & SEARCH STEPS

📎 Action: Send a formal discovery request (see template letter below).

🧾 QDRO ESSENTIALS

• Separate interest vs. shared interest: Separate interest gives you control over your portion; shared pays when the participant retires.
• Must include: names, last known address, plan name, % or dollar amount, payment timing.
• Survivor benefits: If participant dies before retirement, you may still receive benefits — request this in the QDRO.
• Tax treatment: Lump sum or rollover to your own IRA (tax-deferred).
• Costs: Attorney drafting $500–$2,000; some plans charge review fee.

📌 Sample QDRO language: “The Alternate Payee (spouse) is awarded 50% of the Participant’s accrued benefit as of [date], calculated as a separate interest, payable as a qualified joint and survivor annuity.”

⚠️ Always have a QDRO reviewed by a family law attorney or the plan administrator.

📊 TEMPORARY SUPPORT ESTIMATOR

Step 1: Monthly gross income (payor): $________
Step 2: Monthly gross income (recipient): $________
Step 3: Combined income: $________
Step 4: Guideline percentage (state-dependent, typically 25–40% of net for child support; spousal support 30–50% of difference).
Example (CA): Payor $8,000/mo, recipient $3,000/mo → guideline spousal support ~ $1,500–$2,000/mo temporary.
Child support (many states): Use income shares model. Example: combined $10,000, 2 kids → ~ $1,800–$2,400/mo.

📌 Immediate action: File a motion for temporary support with your court. Attach this worksheet and your financial affidavit.

Legal reference: Uniform Marriage and Divorce Act § 308; state guidelines (e.g., FL 61.30, CA FC 4055).

Date: _______________
To: [Spouse’s attorney name]
Re: Formal discovery request – [Case name/number]

Pursuant to [state] Rules of Civil Procedure, please produce the following documents within 30 days:

1. Bank statements (all accounts) for past 36 months.
2. Credit card statements (all cards) for past 24 months.
3. Tax returns (personal & business) for last 3 years.
4. Pay stubs, bonus letters, and commission records for current year.
5. Retirement account statements (401k, IRA, pension) – last 12 months.
6. Business financials: P&L, balance sheet, K-1, partnership returns.
7. Real estate deeds, appraisals, mortgage statements.
8. Any prenuptial or postnuptial agreement.

Please serve responses to: [Your attorney / your address]. This request is ongoing.

Sincerely,
_________________________

IN THE [COUNTY] FAMILY COURT, [STATE]
Case No. _______________

FINANCIAL AFFIDAVIT OF ___________________ (your name)

Income: Monthly gross $________ | Deductions $________ | Net $________

Expenses: Housing $________ | Utilities $________ | Food $________ | Transportation $________ | Medical $________ | Other $________ | Total $________

Assets: (attach inventory) Debts: $________

I swear under penalty of perjury that the above is true and complete.

Signature: ___________________ Date: ________