Earnings are not always as simple as the amount on a paycheck. Bonuses, business profits, investment distributions and other payments can affect spousal maintenance in New York. When financial information is incomplete or inconsistent, you may struggle to determine whether a proposed amount reflects both spouses’ finances. These documents can provide a starting point for negotiations or court review.
Documents that show earnings over time
In a New York divorce involving financial issues, each spouse generally must complete a sworn Statement of Net Worth covering income, expenses, assets and debts. You may also need supporting documents, including:
- Federal and state tax returns from the past three years
- Current pay stubs and W-2 or 1099 forms
- Business tax returns and Schedule K-1 forms showing profits or investment distributions
- Checking, savings and investment account statements
- Records of bonuses, commissions or retirement income
Reviewing records from several years can show whether bonuses, commissions, seasonal work or payments from a business cause income to rise and fall. A court may average earnings from several years or review other evidence to estimate what the person typically earns.
Documents that may explain changing earnings
If you or your spouse owns a company, receives cash payments or has changing income, additional documents could clarify available resources. Detailed business records, invoices, credit card statements and loan applications may reveal payments or expenses that do not appear clearly on a tax return.
These records require context. A bank deposit may represent earnings, but it could also come from a loan, transfer or asset sale. Spending alone does not prove that someone earns more than reported. If a spouse does not provide relevant financial information, an attorney may use discovery, the formal process for obtaining evidence. This may include requesting documents from the spouse or using a subpoena to obtain records from a bank, employer or other source.
Put the financial information in context
Collecting documents is only the first step. Business expenses, one-time payments and transfers between accounts can create a misleading financial picture when viewed alone. Understanding the source and purpose of each amount can help you avoid relying on inaccurate figures during maintenance discussions.