- 1). Review old bank statements, tax returns and pay records. Tax returns can show contributions to tax-deferred retirement accounts, and pay records can show where part of a spouse's salary was deducted and deposited into a 401(k) or IRA you didn't know about. Bank statements can reveal checks written to establish or contribute to non-tax-deferred assets such as Roth accounts.
- 2). File a lawsuit in court to give you access to the court's subpoena powers and discovery devices such as interrogatories and document production requests. Then serve all of your ex's current and previous employers with subpoenas for his pay and benefits history. Just because his most current pay stub doesn't show retirement contributions doesn't mean he wasn't making them in the past. Also, going straight to an employer can reveal the existence of pension benefits, which may not be evident from his pay records.
- 3). Issue document production requests and interrogatories to your spouse to get your hands on his bank records, credit card statements, loan applications and any other financial information you might not have discovered on your own. While your spouse may be motivated to lie or withhold information, most states impose severe sanctions for deceitful behavior in connection with discovery. If your ex should have disclosed something he hid from you, and you discover it later, having done the right discovery can give you a basis for re-opening a closed case and laying claim to the asset.
- 4). Compare records to account for the money your spouse earned during the marriage. For most people, there should be a consistent relationship between a party's income and what he spends. While some variation is to be expected even if your spouse makes the same income every month, a large sum of money you can't account for every month suggests your spouse might be hiding assets such as a hidden retirement or savings account.
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