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Financial Disclosure Declaration: What Married Couples Need to Know

Learn about the Financial Disclosure Declaration, its importance in divorce proceedings, and how it affects married couples with significant assets, business owners, and parents with minor children.

Introduction

A Financial Disclosure Declaration is a critical legal document used during divorce or legal separation proceedings that requires both spouses to provide a complete and honest inventory of their financial situation. This document serves as a foundation for fair property division, support calculations, and financial arrangements involving children. For long-term married couples with significant assets, business owners, and parents with minor children, understanding this document is essential to protect your interests and ensure equitable outcomes during what can be a challenging transition period.

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Key Things to Know

  1. 1

    Financial Disclosure Declarations are legally binding documents signed under penalty of perjury, making honesty and thoroughness essential.

  2. 2

    For long-term marriages, these declarations help ensure fair division of assets accumulated over many years, including retirement accounts that may represent significant portions of marital wealth.

  3. 3

    Business owners must provide comprehensive information about their business interests, which may require professional valuation services.

  4. 4

    Parents must detail all child-related expenses to establish appropriate support arrangements that maintain children's standard of living.

  5. 5

    The declaration serves as the foundation for negotiations and court decisions, making it one of the most important documents in your divorce process.

  6. 6

    Failure to disclose assets can result in severe penalties, including potential loss of those assets and damage to your credibility in all aspects of your case.

  7. 7

    Consider working with professionals (attorneys, financial advisors, accountants) to ensure your declaration is complete and accurately represents your financial situation.

  8. 8

    Begin gathering financial documentation early, as compiling a comprehensive picture of your finances can be time-consuming, especially for complex estates.

Key decisions before you file

Before you file a Financial Disclosure Declaration in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Financial Disclosure Declaration guide walks through them.

Open the Financial Disclosure Declaration guide

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Arkansas Requirements for Financial Disclosure Declaration

  • Arkansas Financial Disclosure Requirements (Arkansas Code § 9-12-312)

    Arkansas law requires full and complete disclosure of all assets, liabilities, income, and expenses in divorce proceedings. Parties must submit a completed financial disclosure form under oath.

  • Affidavit of Financial Means (Arkansas Supreme Court Administrative Order No. 10)

    In cases involving child support, both parties must complete and exchange an Affidavit of Financial Means, which details income, expenses, assets, and liabilities.

  • Mandatory Property Disclosure (Arkansas Code § 9-12-315)

    Arkansas courts require disclosure of all marital and non-marital property, including real estate, vehicles, bank accounts, investments, retirement accounts, and personal property of significant value.

  • Business Interest Disclosure (Arkansas Code § 9-12-315(a)(4))

    Full disclosure of any business interests, including ownership percentages, valuation, and income derived from business operations must be provided.

  • Retirement Account Disclosure (Arkansas Code § 9-12-315)

    All retirement accounts, pensions, 401(k)s, IRAs and other retirement benefits must be disclosed regardless of when they were acquired.

  • Debt Disclosure Requirements (Arkansas Code § 9-12-315)

    All debts and liabilities, including mortgages, loans, credit card debt, and other obligations must be fully disclosed with current balances and payment terms.

  • Income Verification (Arkansas Supreme Court Administrative Order No. 10)

    Parties must provide verification of income including recent pay stubs, W-2 forms, and tax returns for the previous three years.

  • Penalties for Non-Disclosure (Arkansas Code § 9-12-312)

    Failure to disclose assets or providing false information may result in contempt of court charges, financial penalties, and modification of property division or support orders.

  • Continuing Duty to Disclose (Arkansas Rules of Civil Procedure, Rule 26.1)

    Parties have a continuing duty to update financial disclosures if significant changes occur during the pendency of the divorce proceedings.

  • Federal Tax Return Disclosure (26 U.S.C. § 6103)

    Federal tax returns for the previous three years must be disclosed to ensure accurate representation of income and financial status.

  • ERISA Compliance (29 U.S.C. § 1056(d)(3))

    Disclosure of retirement accounts governed by ERISA must comply with federal regulations regarding valuation and division of these assets.

  • Qualified Domestic Relations Orders (29 U.S.C. § 1056(d)(3) and Arkansas Code § 9-18-101)

    For division of retirement accounts, QDROs must comply with both federal ERISA requirements and Arkansas state law provisions.

  • Military Retirement Benefits (10 U.S.C. § 1408)

    Disclosure and division of military retirement benefits must comply with the Uniformed Services Former Spouses' Protection Act.

  • Social Security Benefit Disclosure (42 U.S.C. § 407)

    While Social Security benefits cannot be divided as marital property, they must be disclosed for consideration in overall financial planning.

  • Securities Disclosure (15 U.S.C. § 78a et seq.)

    All securities, stocks, bonds, and investment accounts must be disclosed with current valuations in compliance with federal securities laws.

  • Real Property Disclosure (Arkansas Code § 9-12-315(a)(1))

    All real property interests must be disclosed with information about mortgages, liens, and current market valuations.

  • Child Support Guidelines Compliance (Arkansas Supreme Court Administrative Order No. 10)

    Financial disclosures must provide sufficient information to calculate child support according to Arkansas Child Support Guidelines.

  • Spousal Support Considerations (Arkansas Code § 9-12-312(a)(5))

    Financial disclosures must include information relevant to determining alimony/spousal support, including earning capacity and standard of living during marriage.

  • Hidden Asset Penalties (Arkansas Code § 9-12-315(a)(1)(8))

    Intentionally hiding assets can result in the court awarding the entire asset to the other spouse, plus potential perjury charges for false statements under oath.

  • Financial Privacy Waiver (Gramm-Leach-Bliley Act, 15 U.S.C. § 6801-6809)

    Parties must acknowledge that financial privacy rights under various federal laws are limited during divorce proceedings to ensure full disclosure.

Frequently Asked Questions