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Subpoenaing Your Spouse’s Employer During Divorce

Employment information is often highly relevant and important in divorce cases. Employment-related issues can affect numerous aspects of a divorce. Therefore, if your spouse attempts to conceal information about his or her job, whether it’s a work schedule or compensation, you may need to seek other means of getting the information.

One strategy available is subpoenaing your spouse’s employer. Below is an overview of circumstances that may call for this strategy — and how to employ it.

Filing the subpoena

You can simply subpoena the employer for documents. You’ll need any documentation you can get that addresses issues such as expense accounts, compensation, schedules, disciplinary actions and anything else relevant and useful to your case. You can generally trust that any information you get directly from the employer from a court-issued subpoena will be complete and truthful.

You may also submit subpoenas for a deposition, in which the employer both produces the necessary documents and also answers questions under oath. This is another method that can help you get the information you need in greater detail about employment-related issues. This is generally a last resort saved for particularly contentious cases, but it is an option if necessary.

There are other steps you can take to investigate your spouse’s employment, including hiring a forensic accountant, but subpoenas offer a more direct path to the information you need. For more information on how to use a subpoena to your benefit, meet with a skilled Minnesota divorce lawyer at Appelhof, Pfeifer & Hart, P.A.

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