Deposition questions about bank accounts, investments, and retirement accounts

When taking the opposing spouse’s deposition, a divorce lawyer will ask detailed questions about the spouse’s banking, bank accounts, stock, and retirement accounts to determine the extent of the marital estate. Below are typical deposition questions about these assets.

Bank accounts-checking, savings, money market

Joint accounts

  • Do you have any joint accounts with your spouse?
  • Where and when were they established?
  • What was the source of the original deposit?
  • Who made deposits into the account?
  • What was the source of these deposits?
  • What was the account used for?
  • What expenses were paid out of that account?
  • Who controlled account/access to the account?

Joint expenses

  • How were the family expenses paid?
  • From what account?
  • Who was responsible for paying the bills/managing money?

Separate accounts

  • Did either party maintain separate accounts following the marriage?
  • If so, where, and why?
  • Were these accounts established before the marriage?
  • Were deposits/withdrawals made after marriage?
  • For what purpose?

Non-retirement investment accounts and assets

  • Do you have any of the following accounts and assets:
    • Brokerage?
    • Stock?
    • Mutual funds?
    • Treasury bonds?
    • Cash?
    • Coins?
    • Gold?
    • Silver?

Retirement investment and retirement accounts

  • Do you have any of the following retirement accounts:
    • IRA?
    • SEP?
    • Privately held and funded non-qualified retirement plans?