After you’ve retained a Florida divorce attorney for your Florida divorce, one of the first things you’ll be asked to do is fill out the Financial Affidavit for Divorce & Family Cases. This is a standardized, approved by the Florida Supreme Court, 9 or 11 page document (depending on your income) that virtually everyone involved in a Florida divorce case must fill out. This document is extremely important to your Florida divorce.
Where to Find A Florida Financial Affidavit
The Florida Courts website directs us to the financial affidavit forms for divorce.
There are two forms available to fill out first: the Family Law Financial Affidavit Long Form or the Family Law Financial Affidavit Short Form. You will fill out one or the other depending on your income. If your income is less than $50,000, you will fill out the Short Form. If you make $50,000 or more, you will fill out the Long Form. FL ST FAM LAW Rule 12.285 (d)(1).
The first step in understanding how to fill out the Florida financial affidavit is to look at a supporting document called “General Information.” Navigate to the “Getting Started” page under the “Family Law Forms” tab near the top of your webpage. It’s a good idea to read through this whole page first to understand what you’ll be working on.
Under Step 1 on this page, the “General Information” file tells us that a financial affidavit is “a sworn statement that contains information regarding your income, assets, and liabilities.”
The section titled “Mandatory disclosure” tells us that the Florida Family Law Rules “requires each party in a dissolution of marriage to exchange certain information and documents, and file a Family Law Financial Affidavit.”
You can navigate to the Family Law Financial Affidavit from the “Family Law Forms” page.
Both forms of the financial affidavit are intentionally pretty clear, but if you’re feeling confused, reference the “General Information” file or reach out to a Florida family lawyer.
While you don’t technically have to fill out a financial affidavit for your Florida divorce, you absolutely must fill one out if you want any sort of financial relief. This includes alimony, child support, attorney fees, or equitable distributions of assets and debts. FL ST FAM LAW Rule 12.285 (e).
That’s because the court must consider “[t]he resources and income of each party, including the income generated from both nonmarital and marital assets” when awarding financial relief, which is exactly what the financial affidavit discloses. Fla. Stat. Ann. § 61.08 (3)(d) (West).
For more information on dividing assets in a Florida divorce, see my article: How Are Assets Divided in A Naples, Florida Divorce?
So, unless you’re seeking a (1) simplified dissolution of marriage, (2) have no minor children or support issues, AND (3) have filed a written settlement agreeing to dispose of all financial issues, you must fill out a financial affidavit. FL ST FAM LAW Rule 12.285 (c)(1).
If you’re filing the financial affidavit, and any other supporting documents, for temporary financial relief, the forms are due to the court at least 10 days before the temporary financial hearing. FL ST FAM LAW Rule 12.285 (b)(1)(A). The other party has 5 days to send back their documents.
If you’re not looking for temporary relief, your financial affidavit and supporting documents are due to the court within 45 days of the initial service to the other party of your initial pleading for divorce. FL ST FAM LAW Rule 12.285 (b)(2).
Be aware that these deadlines can change by county. Some counties will give you more or less time to complete your filing and some counties follow the Florida State Family Law Rule 12.285 that require the deadlines above. Collier County follows the Florida State rule for filing financial affidavits and supporting documents. Visit your county’s “Clerk of the Court” website for more information.
Florida Financial Affidavit Supporting Documents
A Florida financial affidavit does not stand on its own. A financial affidavit must attach a Certificate of Compliance with Mandatory Disclosure to the court and several other supporting documents to the other party.
The Certificate of Compliance with Mandatory Disclosure tells the court what documents you have delivered to the other party and certifies the date of service of those documents to the party. This certificate must be sworn under oath that your disclosure is “complete, accurate, and in compliance with this rule…in the certificate of compliance.” FL ST FAM LAW Rule 12.285 (j).
You can find this form at the Florida Courts website or your county’s Clerk of the Court website. Remember that you do NOT have to submit those documents detailed in the Certificate to the court unless a judge orders you to; you must only submit the financial affidavit and the completed and sworn certificate of compliance.
Everything you need to submit to the other party is detailed in Rule 12.285: Mandatory Disclosure. There are different document requirements if you’re looking for temporary relief or non-temporary relief.
For temporary relief, you must submit:
- Your financial affidavit, in whichever form matches your income,
- “All completed federal and state personal income tax returns, gift tax returns, and foreign tax returns” from the past 3 years, including your W-9, 1099, K-1, and all accompanying schedules to support that tax return,
- “IRS forms w-2, 1099, and K-1 for the past year if the income tax return for that year has not been prepared.” If you haven’t gotten your tax returns from the previous two years, you need those forms from the last two years as well.
- “Pay stubs or other evidence of earned income for the [last] 6 months” before you filed for temporary relief.
FL ST FAM LAW Rule 12.285 (d)(1-4).
For more information on temporary financial relief, see my article: Temporary Alimony In A Florida Divorce: How Alimony Pendente Lite Works.
If you’re looking for non-temporary relief, you must submit all of the above forms and evidence plus the following:
- A statement identifying the source of all income received from any source within the last 6 months if it’s not clear from your pay stubs,
- “All loan applications, financial statements, credit reports, or any other form of financial disclosure, including financial aid forms, prepared or used within the [last] 24 months,”
- All deeds to any ownership or ownership interest in property that you have held at any time within the last 3 years (it doesn’t matter if the property is held individually or jointly; you must disclose all of it); this includes if you are a trustee for another party or minor. You must also disclose any payments you are currently receiving or have received from leasing real or personal property within the last 3 years,
- “All periodic statements from the last 12 months for all checking accounts, and for all other accounts, regardless of whether or not the account has been closed…[and] copies of cancelled checks or registers [from all accounts that have check-writing privileges],”
- All brokerage account statements in which either party held within the last 12 months, as well as copies of cancelled checks and registers from any brokerage account that has check-writing privileges,
- “The most recent statement and statements for the past 12 months for any profit sharing, retirement, deferred compensation, or pension plan…in which the party is a participant or an alternate payee is receiving payments and the summary plan description [for any of the sources mentioned here],
- The most recent statement and statements for the past 12 months for which any virtual currency transactions in which either party participated within the last 12 months or holds an interest,
- “The declarations page, the last periodic statement, statements for the past 12 months, and the certificate for all life insurance policies insuring the party’s life or the life of a party’s spouse…and all current health and dental insurance cards covering either of the parties and/or their dependent children,
- Corporate, partnership, and trust tax returns for the last 3 tax years if the party has an ownership or interest in in a corporation, partnership, or trust,”
- All materials concerning your debt for the last 24 months, including promissory notes and whether those have been paid or not, credit card and charge account statements, present lease agreements, and any other materials indicating debt,
- All written premarital or marital agreements, no matter what time (before or during the marriage) they were filed, affidavits, declarations, or judgements of non-paternity,
- “All documents supporting the producing party’s claim that an asset or liability is nonmarital, for enhancement or appreciation of nonmarital property, or for an unequal distribution of marital property, and
- Any court orders directing a party to pay or receive spousal or child support.”
FL ST FAM LAW Rule 12.285 (e)(1-17)
The Florida statute here is pretty clear on what you need to give to the other party, but it’s a good idea to consult with your attorney during the filing process. There’s a lot of documentation you need to hand over if you want financial support.
What Happens If I Don’t Fill Out A Financial Affidavit In A Florida Divorce?
Under the Florida Family Law Rules, you can be sanctioned for failure to comply or fill out and submit the proper forms. A sanction is a remedy or penalty from the court. It can be monetary or procedural (like striking out part of your pleadings). FL ST FAM LAW Rule 12.380.
If you don’t serve the required documents to the opposing party within the indicated timeframes before a nonfinal hearing (or a violation of a court order), your documents will not be admissible into evidence. FL ST FAM LAW Rule 12.285 (g).
That’s a big problem if you want financial support.
“[W]ithout a financial affidavit, the trial court does not have the party’s formal, sworn financial position and cannot accurately determine [what award] is appropriate in the case before the court.” Palewsky v. Fla. Dep’t of Revenue, 81 So. 3d 584, 585 (Fla. Dist. Ct. App. 2012).
The court will only allow your documents into evidence if they “[find] good cause for the delay.” FL ST FAM LAW Rule 12.285 (g).
The court can also impose other sanctions if it would be equitable. For example, if you found out you were getting divorced and that the other party wanted financial support, and then deleted all of your electronically stored financial information, the court could impose a sanction.
The other issue you face here is that without a financial affidavit, you are not eligible to receive financial support. Financial affidavits are not waivable by either party. FL ST FAM LAW Rule 12.285 (d)(1).
“The rule leaves no room for doubt that the filing of a financial affidavit is both mandatory and non-waivable by the parties.” Daniel v. Daniel, 922 So. 2d 1041, 1043 (Fla. Dist. Ct. App. 2006).
What Happens If I Can’t Fill Out A Financial Affidavit?
The financial affidavit is set up for the 90% of people who are paid regularly monthly, have regular monthly expenses, and have a decent knowledge of their own finances.
You may be an entrepreneur with great swings in your income and expenses. If you want more information about how your income may be divided or what could happen to your business in a Florida divorce, see my articles on the subject: Determining A Business Owner’s Income In A Florida Divorce and How To Value And Divide A Business In A Florida Divorce.
Or, you may be a spouse who is kept in the dark about your expenses and therefore does not know.
The court can be lenient when they discover honest mistakes, but you should do what you can to avoid them. Your best course of action if you don’t know what information to state is to point out that your answers are “estimated” in your financial affidavit and certificate of compliance.
The Florida Rules say that you should “swear and affirm under oath that the disclosure is complete, accurate, and in compliance with this rule, unless the party indicates otherwise, with specificity, in the certificate of compliance.” FL ST FAM LAW Rule 12.285 (j).
If you make an honest mistake, that doesn’t automatically result in a sanction. In Weinsten v. Weinstein, for example, a wife calculated her expenses based on the figures her husband had said were their household expenses, but the figures were wrong. The appellate court said that because the wife disclosed the issue when questioned, the court did not impose a sanction. Instead, they evaluated all the circumstances and awarded an equitable judgment. Weinstein v. Weinstein, 447 So. 2d 309, 312 (Fla. Dist. Ct. App. 1984).
“A financial affidavit is not a competent, substantial evidence of a party’s income if the party testifies that the financial affidavit is not accurate.” Reese v. Reese, 363 So. 3d 1202, 1210 (Fla. Dist. Ct. App. 2023).
But this leniency doesn’t extend to dishonesty or fraud.
In Barrett v. Barrett, the ex-wife brought a post-dissolution motion to amend her judgment because her former husband’s financial affidavit was fraudulent. Even though the case had reached a final judgment in 2008, the appellate court remanded the case for a new evidentiary hearing. Barrett v. Barrett, 313 So. 3d 224, 228 (Fla. Dist. Ct. App. 2021).
While the court understands that mistakes may be made, if you are dishonest or even fraudulent, there can be big consequences.
The best practice is to be as accurate as possible, and be honest by explaining if you don’t know how to answer a question or produce a document, both on your certificate of compliance and if you are questioned in court.
How Often Do I Need to Update My Florida Financial Affidavit?
The Florida financial affidavit must be supplemented when a material change in your financial situation occurs. This means it should be updated every time a big financial event happens, like a new job or a new big expense (apartment, car, etc.).
“Parties have a continuing duty to supplement documents…including financial affidavits, whenever a material change in their financial status occurs.” FL ST FAM LAW Rule 12.285 (f)(1).
If you file an amended financial affidavit, you must also file whatever documents support that change, like a new pay stub. FL ST FAM LAW Rule 12.285 (f)(2).
It’s smart to update your financial affidavit after you receive your W-2s and 1099s in January if they reflect a material change or if you based your affidavit on estimated numbers. Your Florida financial affidavit probably also needs to be updated after you file your taxes.
You’ll also need to update your financial affidavit if you ever come back to the court on any kind of modification of any financial issue like child support or maintenance.
Takeaways for Filing Your Florida Financial Affidavit
1. Your financial affidavit is necessary and not waivable by either party if you want financial relief of any kind.
2. You must submit a Certificate of Compliance for Mandatory Disclosure, as well as all other supplementing documents stated in the statute depending on the type of financial relief you’re looking for.
3. Your financial affidavit must be as accurate as possible. If it’s not accurate, make sure you disclose that in your affidavit, certificate of compliance, and when questioned in court (if necessary). Honesty is always the best policy.
4. Don’t forget to supplement your financial affidavit after tax returns or a significant change in your financial situation.
If you have questions about how to fill out your financial affidavit for your Florida divorce, feel free to contact my Naples divorce law office for a free consultation.
Russell Knight is a licensed Florida family law attorney with 20 years of legal experience. He has been licensed in Florida for over 8 years and has helped hundreds of clients accurately prepare and file financial affidavits in their Florida divorce proceedings. His extensive experience with Florida’s family law proceedings makes him a trusted resource for anyone navigating a current or upcoming divorce.
Frequently Asked Questions About Financial Affidavits In A Florida Divorce
Do I have to fill out a financial affidavit in my Florida divorce? Yes, if you want any form of financial support, you must fill out a financial affidavit. This cannot be waived by either party if either of you are looking for financial support.
Which form do I fill out, the long form or short form? It depends on your income. If you make less than $50,000 per year, you will fill out the short form. If you make $50,000 per year or more, you will fill out the long form.
Where can I find the Florida financial affidavit forms? The forms are available on either the Florida Courts page or your local county’s Clerk of the Court website. Here is the website for the Clerk of the Court in Collier County, where Naples is located.
Do I have to submit all of my supporting documents to the Court? No. You should only submit the financial affidavit and the certificate of compliance. All other supporting documents should be sent to the other party. You will only submit these supporting documents to the court if a judge orders them.
What if I don’t know my financial information? Do your best. Be as honest on the forms as possible and indicate where you are unsure that your answer is an “estimate.” Honesty is the best policy.
How often do I need to update my financial affidavit? Update your financial affidavit whenever your financial situation has a material change. It’s usually a good idea to update them after you receive your W-2s and 1099s and after you file your taxes.
