Depositions questions about employed spouse’s job and compensation

Below are typical questions that your spouse’s divorce lawyer may ask you at your deposition if you are employed. Your lawyer will likely ask your spouse similar questions at his or her deposition if he or she is employed.  The questions are relevant for several issues including child custody, child and spousal support, and division of the marital estate.

Educational background

  • Do you have a high school diploma?
  • Do you have any post high school education– -college, trade school, professional training?
  • Any special trainings or certifications?
  • Any licensing by a state or unit of government?

Basic employment information

  • Who is your current employer?
  • For how long? When did you begin working?
  • What are your current job title and duties?

Current working hours

  • Time at which you leave for work?
  • How long is the commute?
  • Time at which you return in evening?
  • How long is the evening commute?

Overtime/call back requirements

  • How frequently do you have to work overtime?
  • Are you ever called back to work after leaving?
  • Do you have to work on call?
  • Are you required to work evenings and/or weekends?

Business travel

  • Are you required to travel for business?
  • Where to?  How often?
  • Are you required to stay overnight vs. day trips?
  • Who cares for the children in your absence?
  • How much work travel have you had in the last twelve months?
  • How many days and nights have you spent away from home?
  • Ever miss children’s events due to work related travel?
  • Ever missed a scheduled visitation due to work-related travel?


  • What is your base income/salary/hourly rate?
  • Are you paid bonuses?
  • How is the amount of the bonus determined?
  • When are bonuses paid?
  • Do you have any additional forms of compensation such as:
    • Flex time, vacations, personal time off, sick time?
    • Incentive pay, stock options, deferred compensation key man plans, vehicle allowances, per diem expense allowance, mileage, use of corporate vehicle?
    • Use of corporate credit card for personal expenses?
    • Form of paychecks: paper or  Electronic Fund Transfer?
    • How often are you paid: weekly, bi-weekly, semi-monthly?
    • Into what financial institution are your checks deposited?


  • Do you have any of the following benefits:
    • Health insurance?
    • Dental, vision, optical?
    • “Cafeteria” or Section 125 Plans?
    • Stock options/ESOP?
    • Pension?
    • Profit sharing?
    • 401(k) plans?
    • Non-qualified plans?
    • Deferred compensation?
    • Life, disability, key person insurance?