Family Law Disclosures

Just about every family law case in Florida, whether it is a divorce, modification, or petition for paternity, will require certain disclosures of information.  The following list of items are the documents that are usually required to be disclosed in family law cases.

Disclosure

1. Financial Affidavit

2. Federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the party or on the party’s behalf for the past three years.

3. IRS Forms W-2, 1099, and K-1 for the past year, if the income tax return for the past year has not been prepared.

4. Pay stubs or other evidence of earned income for the six months before compliance with these disclosure requirements.  

5. A statement by the producing party identifying the amount and source of all income received from any source during the 6 months preceding these disclosure requirements if not reflected on the pay stubs produced.

6. All loan applications, financial statements, credit reports, or any other form of financial disclosure, including financial aid forms prepared or used within the 24 months preceding compliance with these disclosure requirements, whether for the purpose of obtaining or attempting to obtain credit or for any other purpose.

7. Social Security earnings/benefits or projected future benefits statements

All deeds evidencing any ownership interest in property held at any time during the last 3 years, all promissory notes or other documents evidencing money owed to either party at any time within the last 24 months, and all leases, whether held in the party’s name individually, in the party’s name jointly with any other person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on the party’s behalf wherein either the party:

A) Is receiving or has received payments at any time within the last 3 years for leased real or personal property, or

B) Owns or owned an interest.

8. All periodic statements from the last 12 months for all checking accounts and for all other accounts (for example, savings accounts, money market funds, certificates of deposit, etc.), regardless of whether or not the account has been closed, including those held in the party’s name individually, in the party’s name jointly with any other person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on the party’s behalf.  For all accounts that have check-writing privileges, copies of cancelled checks and registers, whether written or electronically maintained, shall also be produced, so that the payee and purpose of each individually instrument can be ascertained.

9. All brokerage account statements in which either party to this action held within the last twelve months or holds an interest including those held in the party’s name individually, in the party’s name jointly with any other person or entity, in the party’s name as trustee or guardian for any other person or in someone else’s name on party’s behalf.  For all accounts that have check-writing privileges, copies of cancelled checks and registers, whether written or electronically maintained, shall also be produced, so that the payee and purpose of each individually instrument can be ascertained.

10. Most recent statement and statements for the past 12 months for any profit sharing, retirement, deferred compensation or pension plan. (for example, IRA, 401(k), 403(b), SEP, KEOGH, etc.) in which the party is a participant or alternate payee and the summary plan description for any retirement, profit-sharing, or pension plan in which the party is a participant or an alternate payee. (The summary plan description must be furnished to the party or request by the plan administrator as required by 29 U.S.S. 1024(6)(4).)  

11. The most recent statement and statements for the past 12 months for any virtual currency transactions in which either party to this action participated within the last 12 months or hold an interest, including those held in the party’s name individually, in the party’s name jointly with any person or entity, in the party’s name as trustee or guardian for a party or a minor or adult dependent child of both parties, or in someone else’s name on the party’s behalf.  Virtual currency is a digital representation of value that functions as a medium of exchange, a unit of account, and/or a store of value.  A listing of all current holdings of virtual currency shall also be disclosed. 

12. The declarations page, last periodic statement, statements for the past 12 months, and certificate for all life insurance policies insuring the party’s life or the life of the party’s spouse, whether group insurance or otherwise, and all current health and dental insurance cards covering either of the parties and/or their dependent children.

13. Corporate, partnership, and trust tax returns for the last three tax years if the party has an ownership or interest in a corporation, partnership, or trust.

14. All promissory notes evidencing a party’s indebtedness for the last 24 months, whether since paid or not, all credit cards and charge account statements and other records showing the party’s indebtedness as of the date of the filing of this action and for the last 24 months preceding compliance with these disclosure requirements, and all present lease agreements, whether owned in the party’s name individually, in the party’s name jointly with any other person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on the party’s behalf.

15. All written Premarital or marital agreements entered at any time between the parties to this marriage, whether before or during the marriage. Additionally, in any modification proceeding, each party must serve on the opposing party all written agreements entered between them at any time since the order to be modified was entered.

16. All documents and tangible evidence 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. The documents and tangible evidence produced must be for the time period from the date of acquisition of the asset or debt to the date of production or from the date of the marriage, if based on premarital acquisition.

17. Court orders directing that a party to pay or receive spousal or child support.