Financial Disclosure Requirements in New York Divorce

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Last Reviewed: October 20, 2026 | Next Scheduled Review: April 2027 | Primary Authority: N.Y. Dom. Rel. Law § 236(B)(4); 22 NYCRR § 202.16

By DivorceAudit.com Editorial Team | Reviewed for Accuracy by the DivorceAudit.com Editorial Review Team

Published: August 25, 2026 | Last Updated: October 20, 2026

Key Takeaways

New York law generally requires both parties to provide a sworn Statement of Net Worth in covered matrimonial actions where maintenance, alimony, or support is at issue. No showing of special circumstances is required.
The statutory deadline is generally 20 days after receipt of a written demand or, if no demand is made, 10 days after joinder of issue.
Covered contested Supreme Court matrimonial actions are also subject to additional court-rule requirements, including specified financial documents that generally must be exchanged at least 10 days before the preliminary conference, unless the court directs otherwise.
Failure to comply with applicable disclosure requirements can lead to court-imposed consequences. These are not automatic outcomes, and the response depends on the circumstances and governing rule.
New York also has automatic orders restricting certain financial actions while a divorce is pending. These are separate from the financial disclosure requirements.

Explain: What New York Generally Requires

Financial disclosure is an important part of many New York divorce cases. It helps establish the parties’ financial circumstances when questions about maintenance, support, and the division of property need to be addressed.

New York’s financial disclosure requirements operate at two levels. Domestic Relations Law Section 236(B)(4) sets out the statutory requirements for covered matrimonial actions and proceedings involving maintenance, alimony, or support, as well as support proceedings in Family Court. The court rule at 22 NYCRR Section 202.16 adds detailed requirements for covered contested Supreme Court matrimonial actions, including the exchange of supporting financial documents and procedures for preliminary conferences.

This guide explains the general requirements, the main supporting records, and practical ways to organize financial information. It is educational information, not legal advice. DivorceAudit.com does not investigate anyone’s finances, take sides, or predict the outcome of a particular case. For advice about your circumstances, consult a family law attorney licensed in New York.

For the general principles behind financial disclosure across states, see our Financial Disclosure Guide.

The New York disclosure statute

Primary authority. New York Domestic Relations Law Section 236(B)(4) provides for compulsory financial disclosure by both parties in covered matrimonial actions and proceedings where alimony, maintenance, or support is at issue. The statute states that no showing of special circumstances is required before disclosure is ordered. It also addresses support proceedings in Family Court.

Required form. The sworn Statement of Net Worth is the standard statewide financial statement used in New York matrimonial proceedings. It summarizes income, assets, liabilities, and fixed financial obligations. The current form is available from the New York State Unified Court System.

Who generally provides it? The statute requires both parties to disclose their respective financial circumstances in covered cases. The precise requirements and procedures can also depend on the type of proceeding, applicable court rules, and any court orders.

What must accompany the statement? Under Section 236(B)(4), each sworn Statement of Net Worth must be accompanied by a current and representative paycheck stub and the most recently filed state and federal income tax returns, including the W-2 forms submitted with those returns. The statute also requires information about group health plans available to the parties when child support is sought.

Asset transfer lookback. The statement must include a list of assets transferred in any manner during the preceding three years, or during the length of the marriage if shorter. The statute provides an exception for qualifying routine business transactions involving assets of substantially equivalent value when those assets are otherwise identified in the statement.

Deadlines for the Statement of Net Worth

Section 236(B)(4) provides two general timing rules:

After a written demand: The statement must generally be provided within 20 days after receipt of the written demand.
If no demand is made: The statement must generally be filed with the clerk of the court within 10 days after joinder of issue.

In covered contested Supreme Court matrimonial actions under 22 NYCRR Section 202.16, a separate preliminary-conference deadline applies. The rule requires specified financial papers to be exchanged no later than 10 days before the preliminary conference, unless the court directs otherwise. The Statement of Net Worth must also be filed by that date.

These deadlines serve different procedural purposes. Do not assume that meeting one automatically satisfies the other. Check any court order and confirm the applicable dates with your attorney.

For context on how financial disclosure fits into the wider process, see our Divorce Discovery Timeline.

Additional requirements under Rule 202.16

For actions and proceedings covered by 22 NYCRR Section 202.16, the court orders a preliminary conference to be held within 45 days after the action has been assigned. The conference order specifies the papers to be exchanged. Those papers generally must be exchanged no later than 10 days before the conference, unless the court directs otherwise.

The rule also addresses the form of the Statement of Net Worth, the filing of the attorney’s retainer agreement, the handling of financial disclosure, and the schedule for completing disclosure. Under the rule, disclosure and the note of issue generally must be completed within six months from commencement of the preliminary conference, unless that period is shortened or extended by the court.

These requirements should not be read as a universal checklist for every New York divorce. The applicable court rules, the conference order, and the circumstances of the case determine which procedures and documents are required.

What financial documents are involved?

For covered contested Supreme Court matrimonial actions, Rule 202.16(f)(1) identifies specific categories of financial records for exchange before the preliminary conference. The following table summarizes those categories and the time periods stated in the rule.

Category	Records specified in the rule	General period or qualification
Pay stubs	Pay stubs for the current calendar year and the last pay stub from the immediately preceding calendar year.	Current calendar year plus the last stub from the prior year.
Tax returns	Filed state and federal income tax returns, including personal returns and returns filed for a partnership or closely held corporation in which the party is a partner or shareholder.	Previous three years.
Wage and tax forms	W-2, 1099, and K-1 forms for years in which state and federal income tax returns were not filed.	Applicable years within the past three years.
Cash and securities accounts	Statements received from each financial institution where the party maintained an account holding cash or securities.	Statements received during the past three years.
Life insurance	Statements for life insurance policies with cash or dividend surrender value.	Statements immediately preceding and following commencement of the matrimonial action.
Retirement and deferred compensation	Statements for plans in which the party has an interest, including IRAs, pensions, profit-sharing plans, Keogh plans, 401(k) plans, and other retirement plans.	Statements immediately preceding and following commencement of the matrimonial action.
Asset transfers	A list of assets transferred in any manner.	Generally the preceding three years or the length of the marriage, whichever is shorter, subject to the statutory exception for qualifying routine business transactions.

The statute separately requires the Statement of Net Worth to be accompanied by a current, representative paycheck stub and the most recently filed state and federal income tax returns with the W-2 forms submitted with those returns. These statutory requirements should be distinguished from the additional document-exchange requirements under Rule 202.16.

This table is a practical summary, not a complete list of every record that may be relevant to a divorce. Other documents may be required by a court order or through the applicable discovery process.

For a broader explanation of common financial records, see Financial Documents for Divorce. Related guides explain income questions in divorce, what may count as a marital asset, and debt division.

Automatic orders during a New York divorce

New York’s Domestic Relations Law Section 236(B)(2)(b) establishes automatic orders that restrict certain financial actions while a divorce is pending. These orders are separate from the duty to provide financial disclosure.

The plaintiff is generally bound by the automatic orders when the summons is filed, and the defendant when the automatic orders are served with the summons. The orders remain in effect until the judgment of divorce is entered, the action is dismissed or discontinued, or the action is stayed, whichever occurs first, unless the orders are terminated, modified, or amended by further court order or by a written agreement between the parties that is duly executed and acknowledged.

The orders address several categories of conduct:

Property: Restrictions apply to selling, transferring, encumbering, concealing, or otherwise disposing of property without written consent or a court order, subject to specified exceptions for ordinary business, customary household expenses, and reasonable attorney’s fees connected with the action.
Retirement accounts: Restrictions apply to certain withdrawals or transfers of tax-deferred funds and applications for retirement or annuity payments. The statute provides qualifications, including for payments already being received.
Debt: The orders restrict unreasonable borrowing or incurring unreasonable debt, including certain borrowing against a credit line secured by the family residence, subject to the statutory exceptions.
Health insurance: The orders restrict removing a spouse or children from existing medical, hospital, or dental coverage and require the specified coverage to be maintained.
Life and other insurance: The orders restrict changing beneficiaries of existing life insurance and require existing life, auto, and homeowners or renters insurance to be maintained, subject to the statute.
Notice of certain events: A party who receives notice of a tax lien, foreclosure, bankruptcy, or litigation that could adversely affect the marital estate must notify the other party in writing within 10 days. The statutory provisions also address notice of the lifting of a bankruptcy stay.

This is a general summary. The complete statute contains qualifications and exceptions. Consult your attorney before making a financial decision that could be affected by the automatic orders.

Organize: Keeping Your New York Financial Records Current

A Statement of Net Worth that was accurate when prepared may need to be supplemented as circumstances change. Rule 202.16 addresses continuing disclosure obligations, including certain updated tax returns and W-2 statements. The applicable requirement depends on the case and the relevant court directions.

You can make your own records easier to understand by organizing them consistently:

Group records by category. Keep income records, tax returns, account statements, insurance documents, retirement records, and debt information in separate folders.
Record the dates covered. Note each statement’s reporting period so that current information can be distinguished from older records.
Maintain a document list. Mark which records you have located, which you are waiting for, and which may not apply to your circumstances.
Record changes factually. If income, accounts, debts, or other relevant circumstances change, note what changed and when. Avoid drawing conclusions about the legal significance of a change.
Ask about updates. If you believe information already provided may need to be supplemented, ask your attorney how to comply with the applicable requirements.

For help organizing questions about financial information, see the Financial Affidavit Completeness Check, the Interactive Disclosure Checklist, and the Financial Disclosure Document Checklist.

New York financial disclosure checklist

Use this checklist as an organizing aid. It is not a determination that every item is required in every case. Confirm the requirements that apply to your proceeding.

Documents located

☐ Current Statement of Net Worth using the official form.
☐ Current, representative paycheck stub.
☐ Most recently filed federal and state income tax returns, including the W-2 forms submitted with those returns.
☐ Pay stubs for the periods required by the applicable rule or order.
☐ Tax returns for the previous three years, where Rule 202.16 applies.
☐ W-2, 1099, and K-1 forms for applicable years in which returns were not filed.
☐ Bank and securities account statements for the applicable period.
☐ Retirement and deferred compensation plan statements for the periods required by the rule.
☐ Life insurance statements for policies with cash or dividend surrender value, where required.
☐ Records of asset transfers during the applicable statutory period.
☐ Records relating to debts, expenses, and other financial obligations that may be relevant.

Items to confirm

☐ Whether the Statement of Net Worth has been completed using the current official form.
☐ Whether the statement has been served and filed as required.
☐ Whether Rule 202.16 applies to the proceeding.
☐ Whether a preliminary conference has been scheduled and the 10-day pre-conference deadline applies.
☐ Whether additional discovery requests or court orders affect the required documents.
☐ Whether a material change requires supplemental disclosure.
☐ Whether the automatic orders have been served and their restrictions understood.

Qualify: What the Statement Does and Does Not Tell You

The Statement of Net Worth and its supporting records are part of the financial disclosure process. They provide information about income, assets, liabilities, and financial obligations, but they do not automatically resolve every question about property division, maintenance, support, or the meaning of a particular transaction.

In covered contested matters, Rule 202.16 also addresses discovery beyond the initial financial documents. Unless the parties agree or the court orders otherwise, interrogatories are generally limited to 25, including subparts, and depositions are generally limited to seven hours under the rule.

What can happen when required disclosure is late or missing?

New York’s statute and court rules provide ways for a court to address noncompliance. The appropriate response depends on the circumstances, the applicable provision, and the court’s determination.

Statutory penalties: Section 236(B)(4) links noncompliance with penalties available under CPLR Section 3126. Depending on the circumstances, those penalties may include orders resolving issues against the noncomplying party, preclusion of evidence, or dismissal or striking of pleadings. No particular penalty is automatic.
Preclusion under the court rule: Rule 202.16 provides that, absent good cause, a party may be prevented from using at trial or otherwise a document that was not produced as required by an applicable document request, where the request was not objected to or the objection was overruled. The rule also allows the court to consider other penalties where appropriate.
Issues raised in motions: Rule 202.16 contains specific provisions for motions involving maintenance, counsel fees, or child support. Depending on the circumstances, uncontroverted statements and failures to meet motion requirements may affect how the court treats the application.

A missing document or unexplained figure does not, by itself, establish that anyone acted improperly. There may be an ordinary explanation, incomplete information, or a need for clarification. The legal significance of a particular issue should be discussed with a qualified attorney.

For a general explanation of the process, see our Guide to Divorce Discovery.

Route: Questions, Resources, and Sources

Frequently asked questions

Does New York require financial disclosure in a divorce?

Generally, yes, in covered matrimonial actions where alimony, maintenance, or support is at issue. Domestic Relations Law Section 236(B)(4) provides for compulsory disclosure by both parties and requires a sworn Statement of Net Worth. The statute also addresses support proceedings in Family Court. Additional requirements may apply under the court rules and any court orders.

What form is used for financial disclosure in New York?

The standard form is the Statement of Net Worth published by the New York State Unified Court System. In covered matrimonial actions, Rule 202.16 requires the statement to substantially comply with the form specified by the rule. Use the current official version and follow the instructions that apply to your proceeding.

When is New York’s Statement of Net Worth due?

The statute generally requires the statement within 20 days after receipt of a written demand or, if no demand is made, within 10 days after joinder of issue. In covered contested Supreme Court matrimonial actions under Rule 202.16, the statement and specified supporting documents generally must be exchanged at least 10 days before the preliminary conference. Confirm the deadline for your case with your attorney.

What documents must accompany the Statement of Net Worth?

The statute requires a current, representative paycheck stub and the most recently filed state and federal income tax returns, including the W-2 forms submitted with those returns. Rule 202.16 specifies additional documents for covered actions, including prior tax returns, account statements, and certain insurance and retirement records.

What is the asset transfer lookback period in New York?

The statute generally requires a list of assets transferred in any manner during the preceding three years, or during the length of the marriage if shorter. It provides an exception for qualifying routine business transactions involving assets of substantially equivalent value when those assets are otherwise identified in the Statement of Net Worth.

What are New York’s automatic orders in a divorce?

Domestic Relations Law Section 236(B)(2)(b) establishes automatic orders restricting certain financial actions while a divorce is pending. These include restrictions relating to property transfers, retirement funds, unreasonable debt, health insurance, life and other insurance, and notice of certain events that could affect the marital estate. The orders generally remain in effect until judgment, dismissal, discontinuance, or a stay, unless modified or otherwise changed as permitted by the statute.

What if my financial information becomes outdated or incomplete?

New York’s court rules address continuing disclosure obligations, including updates to certain tax returns and W-2 statements. Keep a factual record of what has changed and ask your attorney whether supplemental disclosure is required. The Financial Affidavit Completeness Check can help you organize information and questions for that conversation.

Can a New York court address incomplete financial disclosure?

Yes. Section 236(B)(4) links noncompliance to penalties available under CPLR Section 3126, and Rule 202.16 provides additional procedures and potential consequences in covered matters. The outcome depends on the facts and the court’s determination. See our educational guide to what happens when a spouse refuses financial disclosure.

How can I organize my New York financial disclosure?

Group records by category, note the dates covered, and maintain a list of documents located and items that still need clarification. Our Financial Documents for Divorce guide provides a broader organizational aid.

Resources and next steps

If you are unsure which requirements apply to your case, consider speaking with a family law attorney licensed in New York. An attorney can confirm the applicable deadlines, whether Rule 202.16 applies, how the automatic orders affect your circumstances, and whether additional disclosure is needed.

The DivorceAudit Financial Disclosure Complexity Check is an educational tool that can help you organize your thinking about the information you may need to prepare. It does not determine legal obligations or assess the merits of a case.

Additional educational resources include:

These resources are educational tools for organizing information and preparing questions. They do not determine whether a disclosure is legally complete or what a court should decide.

Primary sources and authorities

New York Domestic Relations Law Section 236(B)(4), Compulsory Financial Disclosure, and Section 236(B)(2)(b), Automatic Orders: New York State Senate, official statutory text.
22 NYCRR Section 202.16, Matrimonial Actions: New York State Unified Court System, official rule text.
CPLR Section 3126, Penalties for Refusal to Comply with Order or Rule: New York State Senate, official statutory text.
Statement of Net Worth: New York State Unified Court System, official form.
New York matrimonial legislation, court rules, and forms updates: New York State Unified Court System, current updates.

DivorceAudit.com provides general educational information to help readers understand financial disclosure issues and organize questions for qualified professionals. It is not a law firm and does not provide legal, financial, tax, or investigative advice. For advice specific to your circumstances, consult a qualified professional licensed in your jurisdiction.

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