New Hampshire Divorce Financial Disclosure Checklist (Rule 1.25-A)

Within 45 days of filing a joint divorce petition — or 45 days of serving an individual petition — both spouses must compile and exchange a detailed package of financial documents under New Hampshire Family Division Rule 1.25-A. Miss the deadline or submit an incomplete package, and you risk court sanctions, adverse inferences, or having your case delayed.

This is the mandatory initial self-disclosure requirement, and it's the foundation of every property division in New Hampshire.

What Rule 1.25-A Requires

The rule mandates exchange of specific financial records between the spouses. You exchange them directly with each other — do not file the general financial records with the court. The only document that goes directly to the court is the Financial Affidavit (Form NHJB-2065-F).

Tax Documents (3 years)

• Federal and state income tax returns (all pages, all schedules)
• W-2s and 1099s for each year
• Business tax returns if either spouse owns a business or has self-employment income
• K-1 partnership or S-corp schedules

Income Documentation (current)

• Four consecutive pay stubs (most recent)
• Documentation of all other income sources: rental income, investment dividends, Social Security, disability, unemployment benefits

Bank and Investment Accounts (12 months)

• Checking account statements — every account, joint or individual
• Savings account statements
• Money market and CD statements
• Brokerage and investment account statements
• Mutual fund statements

Retirement Accounts (12 months)

• 401(k) and 403(b) statements
• IRA and Roth IRA statements
• Pension benefit statements (including New Hampshire Retirement System if applicable)
• Deferred compensation plan statements

Debt Documentation (6 months)

• Credit card statements — every card, joint or individual
• Mortgage statements
• Home equity line of credit (HELOC) statements
• Auto loan statements
• Student loan statements
• Personal loan documentation
• Medical debt documentation

Insurance and Benefits

• Life insurance policy declarations (face value, cash value, beneficiary)
• Health insurance policy information
• Long-term care insurance
• Disability insurance

Real Estate

• Most recent property tax assessment
• Homeowners insurance declarations page
• Mortgage payoff statement
• Any recent appraisals or comparative market analyses

The Financial Affidavit (Form NHJB-2065-F)

This is the one document that goes to the court. Both spouses must complete and file a notarized Financial Affidavit that lists:

• All sources of monthly income (gross and net)
• Monthly living expenses (housing, utilities, food, transportation, medical, childcare)
• All assets with current fair market values
• All liabilities with current balances

The affidavit is signed under oath. Providing false or misleading information is perjury and can result in the court awarding disputed assets to the other spouse under Family Division Rule 2.16.

What Happens If You Can't Find a Document

If a required document is genuinely unavailable — not just inconvenient to obtain — you must file a Statement of Unavailability (Form NHJB-2665-F) under oath explaining what's missing and why. This form goes to the court and protects you from sanctions for an incomplete disclosure.

Common legitimate reasons: a bank closed the account and the statements are no longer accessible online, a former employer went out of business and payroll records are unavailable, or a fire destroyed paper records.

"I didn't have time" or "my spouse has those records" are not valid reasons for non-compliance.

Why Incomplete Disclosure Backfires

Judges take Rule 1.25-A seriously because the entire equitable distribution process depends on both parties having a complete financial picture. If the court finds that you deliberately withheld or omitted assets:

• The hidden asset can be awarded entirely to your spouse
• Your credibility on every other financial issue is damaged
• The court may order you to pay the other party's attorney fees for the additional discovery work needed to uncover what you hid

Conversely, thorough and organized disclosure strengthens your position. A judge who sees that you've been transparent and systematic is more likely to credit your valuations and your arguments about what constitutes a fair split.

Getting Organized

The 45-day clock starts running immediately, and gathering 3 years of tax returns plus 12 months of bank statements for every account takes longer than most people expect. Start pulling records the day you decide to file — don't wait until the petition is served.

The New Hampshire Divorce Financial Split & Asset Division Guide includes a Rule 1.25-A Disclosure Tracker worksheet that maps every required document to a status (gathered, requested, unavailable) so nothing falls through the cracks during the 45-day window.

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