Guide · DivorceThe Florida financial affidavit: what it is and how to get it right.

Every Florida divorce with money issues runs on two sworn documents, one from each spouse. Here is which form to use, when it is due, what goes on it, and how a forensic examiner checks it.

By Geoffrey B. Davis Jr.Updated November 11, 202610 min read

A calculator and pen on a printed sheet of financial figures
Every figure on the affidavit is stated monthly. Photograph via Pixabay.

In brief

The financial affidavit is the document judges, mediators and the other side read first. It sets the income used for support, lists the property to be divided, and becomes the baseline against which every bank statement and tax return is tested. Getting it right is mostly a matter of using the correct form, converting every figure to a monthly amount, listing every asset and debt, and keeping the support for each number.

Key points

  1. 01

    Two forms, one threshold

    Under $50,000 of individual gross annual income uses the short form; $50,000 or more uses the long form.

  2. 02

    45 days from service

    The affidavit and the rest of mandatory disclosure are due within 45 days of service of the petition, sooner for a temporary hearing.

  3. 03

    Sworn and continuing

    It is signed under penalty of perjury and must be updated after a material change.

  4. 04

    Tested against records

    Examiners reconcile each line with tax returns, statements and loan applications.

Which form do you need?

Florida’s mandatory disclosure rule requires a financial affidavit in substantial conformity with Form 12.902(b) if the party’s gross annual income is less than $50,000, or Form 12.902(c) if it is $50,000 or more, and the parties cannot waive it.1 The form instructions put the test as your individual gross income.23 Spouses in the same case can therefore file different forms.

Exhibit 1Short form and long form compared
Short form, 12.902(b)Long form, 12.902(c)
Who uses itIndividual gross annual income under $50,000Individual gross annual income of $50,000 or more
Current revisionOctober 2021June 2025
ExpensesGrouped categories: household, automobile, children, insurance, other, creditorsItemized lines numbered to 120, including additional households, subscriptions, gambling and vacations
AssetsBroad categories: cash, stocks and notes, real estate, vehicles, retirement, otherItemized lines including digital wallets, virtual currency, NFTs, business interests with percentage owned, and collectibles
Marital and nonmaritalOne value column, with boxes to mark an item nonmarital and whose it isSeparate marital and nonmarital value columns; an equitable distribution schedule may be attached instead
Contingent itemsPossible assets and liabilities, such as a bonus or inheritanceContingent assets such as stock options, and contingent liabilities such as attorney’s fees

A party under $50,000 can be required to complete the long form by interrogatory or court order.

Source: Rule 12.285(e)(1)1; Form 12.902(b)2; Form 12.902(c)3

Who does not need one

The rule excuses the affidavit in a simplified dissolution, where the parties have no minor children, no support issues and a written settlement of all financial issues, or where the court lacks jurisdiction over financial issues.1 Spouses can also file a joint verified waiver, but only after each has given the other a fully executed, sworn affidavit; the waiver applies to the current filing only and either party can revoke it.1

When is it due?

For an initial or supplemental proceeding, the affidavit and the other mandatory disclosure documents must be served on the other party within 45 days of service of the initial pleading on the respondent.1 The affidavit is also filed with the clerk, while the supporting documents are served but not filed without a court order.12

Exhibit 2Mandatory disclosure deadlines
EventDeadline
Initial or supplemental proceedingWithin 45 days of service of the initial pleading on the respondent
Temporary financial hearing, party seeking reliefAt least 10 days before the hearing
Temporary financial hearing, responding partyAt least 5 days before the hearing
Objections to disclosureServed at least 5 days before the due date, or waived
ExtensionBy agreement, or by motion filed before the due date for good cause
UpdatesWhenever a material change in financial status occurs

Source: Rule 12.285(b), (f), (h) and (i)1

Each party must also file a certificate of compliance, Form 12.932, listing the documents delivered and swearing that the disclosure is complete and accurate.1 If child support is at issue, a child support guidelines worksheet must be filed at or before the hearing, and that requirement cannot be waived either.1

What goes on it?

Both forms follow the same structure: income, deductions, monthly expenses, assets, liabilities and contingent items.23 Every amount must be monthly.

Income and deductions

Income lines cover salary, bonuses and commissions, business income, disability, pension, Social Security, alimony received, interest, rental income, royalties and trusts, and reimbursed expenses or in-kind payments to the extent they reduce your living costs. Business and rental income are entered as gross receipts minus ordinary and necessary expenses, with an itemized sheet attached.3 Deductions are limited to taxes, FICA, Medicare, mandatory union dues and retirement contributions, your own health insurance, and court-ordered support you actually pay; the result is your present net monthly income.3

Expenses

Expenses are average monthly figures. If an amount is a projection rather than what you pay now, the form tells you to write “estimate” next to it.3 The long form ends with a summary that subtracts total expenses from net income and shows a surplus or deficit.3

Assets and liabilities

List every asset and debt owned by you, or by your spouse in an original dissolution, using only the last four digits of account numbers.3 On the long form, put the fair market value of marital assets in one column and the value you believe is nonmarital in another; the two must add up to the asset’s value on the valuation date.3 Florida law presumes assets acquired during the marriage are marital, so a nonmarital claim needs documents behind it.4 The long form’s virtual currency line requires a schedule of units held and unit value when the form is prepared.3

Contingent items are easy to miss. The short form says possible assets such as accrued leave, a bonus or an inheritance, and possible liabilities such as lawsuits or future taxes, must be listed.2

What documents go with it?

The affidavit is one item in a package. Rule 12.285(e) requires the documents below in any initial or supplemental request for permanent financial relief, and it also requires every document supporting the income, asset and liability figures entered on the affidavit.1

Exhibit 3Mandatory disclosure documents served with the affidavit
  • Federal, state, gift and foreign tax returns for the past 3 years, with all schedules, W-2s, 1099s and K-1s
  • W-2s, 1099s and K-1s for the past year if that return is not yet prepared
  • Pay stubs or other proof of earned income for the past 6 months, and a statement of other income received
  • Loan applications, financial statements and credit reports prepared within the past 24 months
  • Deeds for property held in the last 3 years, notes owed to you, and leases
  • Twelve months of statements for every bank and brokerage account, including closed accounts, with canceled checks and registers
  • Twelve months of retirement, pension and deferred compensation statements, and the summary plan description
  • Twelve months of virtual currency statements and a list of current holdings
  • Life insurance declarations and statements, and current health and dental cards
  • Corporate, partnership and trust returns for 3 years if you hold an interest
  • Promissory notes and 24 months of credit card and charge account statements
  • Premarital and marital agreements, and existing support orders
  • Documents supporting any claim that an asset or debt is nonmarital

Accounts held jointly, as trustee or guardian, or in someone else’s name on your behalf are included. Account numbers in filed documents are governed by Rule of General Practice and Judicial Administration 2.425.

Copies are acceptable unless the parties agree otherwise, but originals must be produced for inspection on request.1 Our whitepaper on hidden assets in a Florida divorce explains how examiners use this same list to look for what is missing.

What happens if it is wrong?

Both forms open with “being sworn, certify that the following information is true” and close with a declaration signed “under penalties of perjury.”23 Florida’s verification statute allows that written declaration in place of a notarized oath, and a person who knowingly makes a false declaration commits perjury by false written declaration, a third-degree felony.5

The civil consequences matter more in most cases. Documents not served on time cannot be used at a nonfinal hearing unless the court finds good cause, and the court can impose other discovery sanctions.1 Those sanctions include orders deeming facts established, barring evidence, striking pleadings or entering a default, plus contempt and expenses.6 A judgment can be reopened for fraud or misrepresentation; most such motions must be filed within one year, but there is no time limit for motions based on fraudulent financial affidavits in marital or paternity cases.7 Spending that later proves to be dissipation of marital assets can also shift the property division.

An honest mistake is handled differently: file an amended affidavit and serve the documents that support the change.1

Exhibit 4Common mistakes on Florida financial affidavits
  • Wrong form

    Using the short form with income of $50,000 or more, or measuring household rather than individual income.

  • Bad monthly math

    Treating bi-weekly pay as twice monthly, or leaving annual bills such as insurance unconverted.

  • Business income at face value

    Entering a salary or a tax-return figure instead of gross receipts minus ordinary and necessary expenses, with the sheet attached.

  • Missing assets

    Leaving out digital wallets, crypto, retirement accounts, collectibles, accounts in a child’s or relative’s name, or contingent bonuses.

  • Unsupported nonmarital claims

    Listing an asset as nonmarital without the documents that trace it to a premarital source or inheritance.

  • Never updated

    Failing to amend after a job change, bonus, sale or new debt during the case.

A family-law attorney should review the affidavit before you sign it. Our divorce asset and income analysis practice helps attorneys and their clients prepare and support the numbers.

How a forensic examiner tests one.

To an examiner, the other side’s affidavit is a set of sworn claims, each of which should tie to a document. The work is reconciliation first and investigation second.

  • Income. Tie each income line to pay stubs, W-2s, 1099s and K-1s, and compare business income with bank deposits and the business return.1
  • Lifestyle. Compare the claimed expenses with card and bank statements, then with the affidavit’s own surplus or deficit line.3 A deficit sustained for years without new debt implies income that is not on the form. The IRS uses the same logic in its net worth and expenditures methods, which treat unexplained spending or asset growth as evidence of unreported income.8
  • Assets. Compare the asset list with loan applications and financial statements from the past 24 months, which people often fill out generously.1
  • Digital assets. Check the tax return’s digital asset question and any exchange reporting against the virtual currency lines.93

Our case study on Costner v. Baumgartner shows how much the definition of income can move a support figure. For what the work involves and costs, see what a forensic accountant does and how much a forensic accountant costs. Fraud Examination Service provides this analysis through its divorce financial investigations; it does not prepare tax returns or give legal advice.

Common questions.

Short answers. The numbered notes link to the sources.

Each party seeking or responding to a request for financial relief, such as equitable distribution, alimony, child support or attorney’s fees, must serve one. The main exceptions are a simplified dissolution, a case with no minor children and no support issues where a written settlement resolves all financial issues, and cases where the court has no jurisdiction over financial issues. Both spouses can also file a joint verified waiver after exchanging sworn affidavits.

Use Form 12.902(b), the short form, if your individual gross annual income is under $50,000, and Form 12.902(c), the long form, if it is $50,000 or more. The test is your own gross income, not your household’s. Even under the threshold, the other party can request the long form through the standard interrogatories, or the court can order it.

It must be served within 45 days of service of the initial petition on the respondent, together with the other mandatory disclosure documents. For a temporary financial hearing, the party seeking relief must serve at least ten days before the hearing and the responding party at least five days before. The deadline can be extended by agreement or by motion filed before it runs.

Correct it promptly by filing an amended affidavit and serving any supporting documents. The rule requires updates whenever your finances materially change. An honest error that is fixed is very different from a knowingly false statement, which is a third-degree felony in Florida and can allow the other side to reopen the judgment years later.

The current Florida Supreme Court approved forms end with a written declaration that you have read the document and the facts in it are true, signed under penalties of perjury. Florida law allows that declaration in place of a notarized oath, and knowingly making a false declaration is a crime. Check your circuit’s local requirements with your attorney or the clerk.

Mandatory disclosure requires three years of complete tax returns, six months of pay stubs, 12 months of bank, brokerage, retirement and virtual currency statements, 24 months of credit card statements and loan applications, deeds, life insurance documents, business returns where you own an interest, and every document supporting the figures on the affidavit itself.

Sources

Sources and method.

Rules and forms were read in their current official text on November 11, 2026: the October 1, 2026 edition of the Family Law Rules of Procedure published by The Florida Bar and the affidavit forms posted by Florida Courts. Check flcourts.gov for later form revisions before filing.

  1. 1The Florida Bar · October 1, 2026 editionFlorida Family Law Rules of Procedure, rule 12.285, mandatory disclosure
  2. 2Florida Courts · Revised October 2021Form 12.902(b), Family Law Financial Affidavit (Short Form), with instructions
  3. 3Florida Courts · Revised June 2025Form 12.902(c), Family Law Financial Affidavit (Long Form), with instructions
  4. 4The Florida Senate · 2025 (current text)Florida Statutes §61.075, equitable distribution of marital assets and liabilities
  5. 5The Florida Senate · 2025 (current text)Florida Statutes §92.525, verification of documents; perjury by false written declaration
  6. 6The Florida Bar · October 1, 2026 editionFlorida Family Law Rules of Procedure, rule 12.380, failure to make discovery; sanctions
  7. 7The Florida Bar · October 1, 2026 editionFlorida Family Law Rules of Procedure, rule 12.540, relief from judgment, decrees, or orders
  8. 8Internal Revenue Service · Current textInternal Revenue Manual 9.5.9, Methods of Proof
  9. 9Internal Revenue Service · Current textDigital assets