Divorce Financial Disclosure Checklist

What Financial Disclosure Actually Requires

Financial disclosure is the process by which parties reveal their financial picture — income, assets, debts, and expenses — under oath where the applicable rules require it. Disclosure requirements vary by jurisdiction, and the consequences of incomplete disclosure can range from court sanctions to adverse rulings where the judge assumes you are hiding something.

The forms vary by jurisdiction: California uses Form FL-150 (Income and Expense Declaration) and FL-142 (Schedule of Assets and Debts). New York uses a Statement of Net Worth. Florida uses a Financial Affidavit. England and Wales use Form E. Ontario uses Form 13 or 13.1 plus a Certificate of Financial Disclosure. The underlying categories are often similar: what comes in, what goes out, what you own, and what you owe.

The disclosure is sworn. That means you sign it under penalty of perjury. Errors and omissions are not just procedural problems — they are credibility problems that can follow you through the entire case.

Disclosure Deadlines by Jurisdiction

Examples of deadlines and trigger points include:

• California: Preliminary Declaration of Disclosure due within 60 days of filing the petition or response
• Florida: Mandatory disclosure within 45 days of service of the petition
• Colorado: Sworn financial statement due within 42 days of service
• New York: Statement of Net Worth due at the preliminary conference (timing varies by county)
• Texas: Inventory and appraisement and other disclosures are handled under the case's orders and local rules
• Ontario: Financial statement due with the application or answer
• England & Wales: Form E due within 35 days of the direction order

Missing these deadlines can result in motions to compel, sanctions, case delays, and — in extreme cases — default judgments on financial issues.

Income Documentation

This section establishes your earning capacity and forms the basis for support calculations.

The periods below are collection starting points; local rules, requests, or orders may require a different scope.

• [ ] Tax returns with all schedules for the past 3–5 years (Form 1040, W-2s, 1099s, K-1s)
• [ ] Pay stubs for the past 2–3 months from every employer
• [ ] Social Security statement (ssa.gov) showing earnings history
• [ ] Business tax returns if self-employed (past 3–5 years)
• [ ] Profit and loss statements and balance sheets (past 2–3 years)
• [ ] Records of rental income, royalties, or investment distributions
• [ ] Employment contracts, bonus agreements, stock option grants
• [ ] Records of any other income: alimony from a prior marriage, trust distributions, side-gig earnings

Courts look at both current income and historical patterns. A sudden income drop right before filing raises questions about voluntary underemployment — a common issue in support disputes.

Asset Documentation

Generally, every relevant asset either spouse owns or has an interest in — individually, jointly, or through a business — must be disclosed under the applicable rules.

Bank and financial accounts:

• [ ] Checking and savings account statements for the period required by local rules, requests, or orders (12–24 months can be a useful starting point)
• [ ] Investment and brokerage account statements for the period required by local rules, requests, or orders (12–24 months can be a useful starting point)
• [ ] Money market, CD, and savings bond records
• [ ] Cryptocurrency wallet balances and transaction histories

Retirement and pension:

• [ ] 401(k), 403(b), IRA, Roth IRA statements (current + date-of-marriage balance)
• [ ] Pension benefit statements with vested value
• [ ] Deferred compensation plan records
• [ ] Military TSP or government retirement statements

Real property:

• [ ] Deeds and title documents
• [ ] Current mortgage statements
• [ ] Property tax assessments or recent appraisals
• [ ] Rental property leases and income records
• [ ] Home equity line of credit statements

Personal property:

• [ ] Vehicle titles, registration, and loan payoff statements
• [ ] Household inventory with estimated values (furniture, electronics, jewelry, art)
• [ ] Safe deposit box inventories
• [ ] Business ownership documents (operating agreements, shareholder certificates)
• [ ] Life insurance policies with cash value statements

Debt Documentation

Courts address debts alongside assets. Full disclosure helps prevent surprise liability attribution after the decree.

• [ ] Credit card statements for the period required by local rules, requests, or orders (12–24 months can be a useful starting point)
• [ ] Student loan statements (federal and private)
• [ ] Personal loan agreements and current balances
• [ ] Auto loan or lease agreements
• [ ] Medical debt records
• [ ] Tax liabilities (IRS notices, state tax balances, payment plans)
• [ ] Judgments, liens, or garnishments
• [ ] Credit reports from all three bureaus (Equifax, Experian, TransUnion)

Running a credit report may help identify debts one spouse may not have disclosed — authorized-user accounts, old collections, and joint liabilities that slipped off the radar.

Monthly Expense Documentation

Most financial disclosure forms require a detailed monthly budget covering current expenses. This section directly influences spousal support and child support calculations.

• [ ] Mortgage or rent payments
• [ ] Utilities (electric, gas, water, internet, phone)
• [ ] Groceries and household supplies
• [ ] Vehicle expenses (loan payments, insurance, fuel, maintenance)
• [ ] Health insurance premiums and out-of-pocket medical costs
• [ ] Childcare, tuition, and extracurricular activity costs
• [ ] Clothing
• [ ] Personal care and grooming
• [ ] Entertainment and dining
• [ ] Charitable contributions
• [ ] Debt service payments (minimum monthly payments on all debts)

Use two to three months of bank and credit card statements to calculate realistic averages. Courts can tell when expense numbers are inflated or deflated — and either direction hurts your credibility.

Preparing the Sworn Statement

The disclosure form is a summary. The supporting documents prove the summary is accurate. Organize your materials so that every number on the form traces back to a specific document:

1. Fill out each section of your jurisdiction's required form
2. For every dollar figure, note the source document (e.g., "Line 4a — per 2025 W-2" or "Line 12 — per Chase statement ending March 2026")
3. Compile supporting documents in the same order as the form's sections
4. Review the completed form against your credit report to catch anything missing
5. Have your attorney review before signing — once signed under oath, corrections may require an amended filing or another local procedure

Common Disclosure Mistakes

Omitting dormant accounts. A savings account with $200 that you have not touched in three years may still need to be disclosed under the applicable rules.

Rounding aggressively. Courts want actual figures, not round numbers. "$47,832" is credible; "$48,000" looks estimated.

Forgetting authorized-user accounts. If you are listed on your spouse's credit card, that account and its balance may need to appear under the applicable disclosure rules.

Leaving the date-of-marriage retirement balance blank. Without this number, tracing the marital portion of the account can be harder — and the default assumption may not be in your favor.

Disclosing income but not all sources. Rental income, freelance work, cash-back rewards, and even consistent gambling winnings can be considered income for support purposes.

The Divorce Document Organizer & Checklist includes fillable financial disclosure worksheets, a sworn disclosure audit checklist, and an exchange tracker to log what you have produced and received — structured to match the categories courts use across jurisdictions.