Do I have the right to ask to see my spouse’s financial records prior to negotiating a divorce settlement?
Yes, Massachusetts’ Rules of Domestic Procedure, Supplemental Rule 410, requires a disclosure of financial information by both parties to a divorce action. After the service of the complaint for divorce and summons, the court requires each party to a divorce action to produce three years of financial information to the other spouse within forty-five days. This financial information includes, but is not limited to, tax returns with supporting documents, bank statements, retirement statements, pension statements, loan applications and stock accounts. Additionally, each spouse must produce their four most recent pay stubs, as well as health insurance information regarding the cost and nature of the insurance which is available to them. If a spouse fails to produce the required documentation after a request for the same, then the spouse seeking the information may request an order from the court to require the production of the required financial information.
If you have questions regarding the mandatory disclosure of financial information after service of the complaint for divorce in Massachusetts, contact us at Doherty, Ciechanowski, Dugan & Cannon, P.C.