Skip to content

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.

0/5000

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 Illinois, 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

Customize your Financial Disclosure Declaration Template with DocDraft

Illinois Requirements for Financial Disclosure Declaration

  • Illinois Marriage and Dissolution of Marriage Act - Financial Disclosure (750 ILCS 5/501(a)(1))

    Requires full and complete disclosure of all assets, liabilities, income, and expenses during divorce proceedings. This is the primary Illinois statute governing financial disclosure in divorce cases.

  • Illinois Supreme Court Rule 137 - Verification (IL Sup. Ct. Rule 137)

    Requires that financial disclosure statements be signed, verifying that the information provided is true and accurate to the best of the party's knowledge, with penalties for false statements.

  • Illinois Financial Affidavit Requirements (750 ILCS 5/501; IL Sup. Ct. Rule 13)

    Mandates the use of a standardized financial affidavit form in all divorce proceedings involving financial issues, with specific disclosure requirements for assets, debts, income, and expenses.

  • Child Support Income Disclosure (750 ILCS 5/505)

    Requires detailed disclosure of all income sources for purposes of calculating child support according to the Illinois Income Shares model.

  • Business Interest Disclosure (750 ILCS 5/503)

    Mandates complete disclosure of all business interests, ownership percentages, valuations, and income derived from businesses owned in whole or in part by either spouse.

  • Retirement Account Disclosure (750 ILCS 5/503(b)(2))

    Requires full disclosure of all retirement accounts, pension plans, 401(k)s, IRAs and other retirement benefits, which are subject to division as marital property in Illinois.

  • Real Estate Disclosure Requirements (750 ILCS 5/503)

    Mandates disclosure of all real estate interests, including primary residences, vacation homes, investment properties, and commercial real estate, along with current market valuations and mortgage information.

  • Maintenance (Alimony) Factors Disclosure (750 ILCS 5/504)

    Requires financial disclosure relevant to the statutory factors considered in awarding maintenance, including income, needs, and standard of living established during the marriage.

  • Dissipation of Assets Disclosure (750 ILCS 5/503(d)(2))

    Requires disclosure of any assets that may have been improperly dissipated in contemplation of divorce or during the breakdown of the marriage.

  • Non-Marital Property Claims (750 ILCS 5/503(a))

    Requires disclosure and documentation of any property claimed to be non-marital, including property acquired before marriage, by gift, or by inheritance.

  • Federal Tax Return Disclosure (750 ILCS 5/501; Local Circuit Court Rules)

    Requires disclosure of federal tax returns for the previous 3-5 years as part of the financial disclosure process in divorce proceedings.

  • Continuing Duty to Update Disclosures (750 ILCS 5/501; IL Sup. Ct. Rule 13)

    Imposes an ongoing obligation to update financial disclosures if material changes occur during the pendency of the divorce proceedings.

  • Penalties for Non-Disclosure (750 ILCS 5/503(d); 735 ILCS 5/2-1401)

    Establishes penalties for intentional non-disclosure or misrepresentation of financial information, which may include adverse findings, sanctions, or reopening of the judgment.

  • Federal Tax Disclosure Requirements (26 U.S.C. § 71, § 215, § 1041)

    Federal requirements for disclosure of tax information and potential tax consequences related to property transfers, alimony, and child support in divorce proceedings.

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

    Federal requirements governing the division of qualified retirement plans in divorce, requiring a Qualified Domestic Relations Order (QDRO) that must comply with ERISA provisions.

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

    Federal law governing the disclosure and division of military retirement benefits in divorce proceedings, including compliance with the Uniformed Services Former Spouses' Protection Act.

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

    Federal securities laws requiring disclosure of stock options, restricted stock units, and other securities-based compensation in divorce proceedings.

  • Bankruptcy Disclosure Intersection (11 U.S.C. § 523(a)(5), § 523(a)(15))

    Federal bankruptcy laws that may affect financial disclosure in divorce, particularly regarding the treatment of joint debts and potential discharge of obligations.

  • Foreign Asset Disclosure Requirements (31 U.S.C. § 5314; 26 U.S.C. § 6038D)

    Federal requirements for disclosure of foreign assets, accounts, and income, including FBAR (Foreign Bank Account Report) and FATCA (Foreign Account Tax Compliance Act) compliance.

  • Social Security Benefits Disclosure (42 U.S.C. § 402(b), § 402(c), § 416)

    Federal laws governing the disclosure and potential division or consideration of Social Security benefits in divorce proceedings.

Frequently Asked Questions