Does my ex have to disclose his employment status and current salary during divorce mediation?
I’m ending my 20+ year marriage, and things just got complicated. Though my ex initially agreed to pursue a quick equitable settlement using the same lawyer, he changed his mind and is now forcing us into mediation. He now refuses to divulge his employment status and salary. I was able to confirm that he is no longer employed where he was working when we were together, but his former employer couldn't give me any more info due to privacy laws. Question: Is my ex legally required to share his employment status and salary? If so, what can I do to compel him to comply?
Mediation is voluntary. However, if you filed for divorce, your ex would be legally required to exchange all financial information including employment, salary, bank accounts and all other financial issues.
You should speak to your lawyer about these issues.
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.
I'm sorry you undergoing such a difficult time.
You can request financial disclosure during the mediation process. You are also free to hire an attorney to counsel you and review your paperwork for mediation. The mediator is not your attorney and cannot advise you.
If your husband is refusing to provide you with adequate financial disclosure, you should consider going through the divorce process. Basic financial documents, such as bank statements, credit card statements, pay stubs, tax returns, and information regarding salary and employment, are required to be disclosed during the divorce process.
If your husband is the monied spouse, you can also seek counsel fees in the divorce action.
Please consult with a NY divorce attorney to discuss your options.
Good luck,
Melissa R. Cefalu, Esq., M.B.A., M.A.
Nothing contained in my response is intended to provide legal advice or to create a contractual or attorney-client relationship. It is being provided for general information purposes only and is not intended as a substitute for the professional judgment of a legal professional. If you communicate with me through this website, please do not submit any sensitive or confidential information. This is not a secure website and your information will not be kept confidential.
You cannot be "forced" into mediation. Participating in private mediation is voluntary and has to be agreed to by both parties. If you are lacking disclosure, the mediator cannot do anything about it and you need your own lawyer and go through the proper procedures in court.
First, you cannot both be represented by the same lawyer, that would be a conflict of interest, so do recommend you hire a lawyer to represent you. Use the Avvo "Find a Lawyer" feature. You can take the position that you are still willing to enter into mediation, but you require disclosure first.
Both of you need to complete and submit a "Statement of Net Worth" on the official form. It is a royal pain in the neck. But it requires disclosure of all finances.
If mediation is unsuccessful, or if one of you decides against it, then the court will set up a series of conferences to discuss the issues and try to get the parties to work out an agreement.
