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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 California, 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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California Requirements for Financial Disclosure Declaration

  • California Family Code Section 2100 (California Family Code § 2100)

    Establishes the duty of each spouse to make full and accurate disclosure of all assets and liabilities in which either party has an interest, regardless of characterization as community or separate property.

  • California Family Code Section 2104 (California Family Code § 2104)

    Requires each party to serve a preliminary declaration of disclosure, including income and expense declaration and all material facts regarding assets, debts, and investment opportunities.

  • California Family Code Section 2105 (California Family Code § 2105)

    Mandates the exchange of final declarations of disclosure before judgment, including all material facts and information regarding valuation of assets and obligations.

  • California Family Code Section 2107 (California Family Code § 2107)

    Provides remedies for failure to comply with disclosure requirements, including monetary sanctions and award of 100% of any undisclosed asset to the other spouse.

  • California Family Code Section 2120-2129 (California Family Code §§ 2120-2129)

    Sets forth provisions for setting aside judgments based on failure to comply with disclosure requirements or fraud, establishing a 'do-over' remedy for incomplete or inaccurate disclosures.

  • California Family Code Section 721 (California Family Code § 721)

    Establishes fiduciary duties between spouses, including duties of highest good faith and fair dealing, and prohibits taking unfair advantage of the other spouse.

  • California Family Code Section 1101 (California Family Code § 1101)

    Provides remedies for breach of fiduciary duty between spouses, including potential award of 50% of any asset undisclosed or transferred in breach of fiduciary duty.

  • California Family Code Section 2030-2032 (California Family Code §§ 2030-2032)

    Governs attorney's fees and costs in family law proceedings, which may be impacted by a party's financial disclosures and ability to pay.

  • California Family Code Section 4320 (California Family Code § 4320)

    Lists factors for determining spousal support, requiring accurate financial disclosures to properly evaluate each spouse's financial situation.

  • California Family Code Section 4050-4076 (California Family Code §§ 4050-4076)

    Establishes guidelines for child support calculations, requiring accurate income and expense disclosures from both parents.

  • California Rules of Court, Rule 5.76-5.77 (California Rules of Court, Rule 5.76-5.77)

    Specifies the format and content requirements for financial disclosure declarations, including mandatory Judicial Council forms FL-140, FL-142, and FL-150.

  • California Penal Code Section 118 (California Penal Code § 118)

    Defines perjury, which applies to false statements made under penalty of perjury in financial disclosure declarations, making it a criminal offense.

  • California Civil Code Section 3294 (California Civil Code § 3294)

    Provides for punitive damages in cases of oppression, fraud, or malice, which may apply to intentional concealment of assets in financial disclosures.

  • Internal Revenue Code Section 6015 (26 U.S.C. § 6015)

    Provides innocent spouse relief for federal tax liabilities, requiring accurate disclosure of tax information in divorce proceedings.

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

    Requires disclosure of securities ownership and transactions, which must be accurately reflected in financial disclosure declarations when applicable.

  • Employee Retirement Income Security Act (ERISA) (29 U.S.C. § 1001 et seq.)

    Governs pension and retirement plans that must be properly disclosed and may require Qualified Domestic Relations Orders (QDROs) for division.

  • Bankruptcy Code Disclosure Requirements (11 U.S.C. § 521)

    Requires full disclosure of assets, liabilities, and financial affairs in bankruptcy proceedings, which may intersect with divorce financial disclosures.

  • Foreign Account Tax Compliance Act (FATCA) (26 U.S.C. § 1471-1474)

    Requires disclosure of foreign financial accounts and assets, which must be included in financial disclosure declarations if applicable.

  • Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.)

    Provides protections for active duty military personnel in civil proceedings, including divorce, which may affect financial disclosure requirements and timing.

  • Uniform Interstate Family Support Act (California Family Code §§ 5700.101-5700.905)

    Governs interstate enforcement of support orders, requiring consistent financial disclosures across state lines.

Frequently Asked Questions