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

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Kentucky Requirements for Financial Disclosure Declaration

  • Kentucky Financial Disclosure Form Requirement (Kentucky Family Court Rules of Procedure and Practice (FCRPP) 3(3))

    Kentucky requires divorcing parties to complete and exchange financial disclosure forms (AOC-238) within 45 days of service of the petition or motion, detailing all assets, debts, income, and expenses.

  • Mandatory Disclosure Requirements (Kentucky Family Court Rules of Procedure and Practice (FCRPP) 3)

    Parties must disclose all sources of income, property interests, financial accounts, retirement accounts, debts, monthly expenses, and other financial information relevant to the proceedings.

  • Duty of Full Disclosure (KRS 403.150 and Kentucky case law)

    Kentucky law imposes a duty of candor and full disclosure on parties in divorce proceedings, requiring complete and accurate financial information to be provided.

  • Penalties for False Statements (KRS 523.020 (Perjury in the first degree))

    Making false statements on financial disclosure forms constitutes perjury under Kentucky law and may result in criminal penalties and adverse rulings in the divorce proceedings.

  • Continuing Duty to Update (Kentucky Family Court Rules of Procedure and Practice (FCRPP) 3(5))

    Parties have a continuing duty to supplement or amend their financial disclosures if material changes occur or if information previously provided becomes inaccurate or incomplete.

  • Property Division Requirements (KRS 403.190)

    Kentucky follows equitable distribution principles, requiring full disclosure of all marital and non-marital property to enable the court to make a just division of assets and debts.

  • Child Support Disclosure Requirements (KRS 403.212)

    Parties with minor children must disclose all income information necessary for calculating child support according to Kentucky's child support guidelines.

  • Spousal Support Disclosure Requirements (KRS 403.200)

    Complete financial disclosure is required for the court to determine appropriate maintenance (alimony) awards based on the factors outlined in Kentucky law.

  • Business Interest Disclosure (Kentucky Family Court Rules of Procedure and Practice (FCRPP) 3(3)(b))

    Parties must disclose all business interests, including valuations, ownership percentages, and business financial information relevant to determining the marital estate.

  • Tax Return Disclosure (Kentucky Family Court Rules of Procedure and Practice (FCRPP) 3(3)(a))

    Parties must provide copies of federal and state income tax returns for the last two years as part of the mandatory financial disclosure process.

  • Federal Tax Information Privacy (26 U.S.C. § 6103)

    Financial disclosures containing tax information must comply with federal privacy laws regarding the protection and disclosure of tax return information.

  • Retirement Account Disclosure (Employee Retirement Income Security Act (ERISA) and KRS 403.190)

    Parties must disclose all retirement accounts, pension plans, and deferred compensation, which may be subject to division under federal ERISA laws and Kentucky state law.

  • Military Benefit Disclosure (Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. § 1408)

    Military retirement benefits and other military-related financial benefits must be disclosed and are subject to division according to federal and state laws.

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

    While Social Security benefits are not divisible in divorce, they must be disclosed as they may impact overall financial planning and support determinations.

  • Bankruptcy Disclosure Requirements (11 U.S.C. § 541 and Kentucky case law)

    Parties must disclose any pending or recent bankruptcy proceedings, as these may affect the division of property and debt allocation in divorce proceedings.

  • Securities Disclosure Requirements (Securities Exchange Act and Kentucky Family Court Rules)

    Parties must disclose all securities, investments, and brokerage accounts, which may be subject to federal securities laws regarding valuation and transfer.

  • International Asset Disclosure (Foreign Account Tax Compliance Act (FATCA) and Bank Secrecy Act)

    Foreign assets, accounts, and income must be disclosed in compliance with federal reporting requirements, including FBAR and FATCA regulations.

  • Health Insurance Disclosure (KRS 403.211 and Consolidated Omnibus Budget Reconciliation Act (COBRA))

    Parties must disclose health insurance coverage information, particularly for minor children, in compliance with both state requirements and federal COBRA provisions.

  • Qualified Domestic Relations Orders (26 U.S.C. § 414(p) and Kentucky Family Court Rules)

    Financial disclosures must provide sufficient information for the preparation of QDROs for the division of qualified retirement plans in accordance with federal requirements.

  • Digital Asset Disclosure (Kentucky Family Court Rules of Procedure and Practice (FCRPP) 3)

    Parties must disclose digital assets including cryptocurrency holdings, online financial accounts, and other electronic assets that may constitute marital property.

Frequently Asked Questions