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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 Maryland, 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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Maryland Requirements for Financial Disclosure Declaration

  • Maryland Public Ethics Law (Maryland Code, General Provisions Article, Title 5, Subtitle 6)

    The primary state law governing financial disclosure requirements for public officials and candidates in Maryland, requiring disclosure of interests such as real property, business entities, gifts, and employment relationships.

  • Maryland Marital Property Act (Maryland Code, Family Law Article, §8-201 through §8-213)

    Governs the division of marital property in divorce proceedings, requiring full disclosure of all assets acquired during marriage to ensure equitable distribution.

  • Maryland Alimony Statute (Maryland Code, Family Law Article, §11-101 through §11-112)

    Requires complete financial disclosure to determine appropriate alimony awards based on factors including financial resources, standard of living, and financial needs.

  • Maryland Child Support Guidelines (Maryland Code, Family Law Article, §12-201 through §12-204)

    Mandates financial disclosure from both parents to calculate child support obligations based on income, childcare expenses, health insurance, and other financial factors.

  • Maryland Rules of Civil Procedure (Maryland Rules, Title 9, Chapter 200 (Divorce and Annulment))

    Establishes procedural requirements for financial disclosure during divorce proceedings, including mandatory disclosure rules and penalties for non-compliance.

  • Maryland Uniform Interstate Family Support Act (Maryland Code, Family Law Article, §10-301 through §10-359)

    Requires financial disclosure for interstate child and spousal support cases, ensuring proper jurisdiction and enforcement across state lines.

  • Maryland Pension and Retirement Benefits Law (Maryland Code, Family Law Article, §8-204)

    Governs the disclosure and division of pension and retirement benefits in divorce, requiring detailed financial information for proper valuation and distribution.

  • Maryland Business Valuation Disclosure (Maryland Code, Family Law Article, §8-203 to §8-205)

    Requires comprehensive disclosure of business interests, including financial statements, tax returns, and valuation information for proper assessment during property division.

  • Maryland Financial Statement Requirements (Maryland Rules, Rule 9-203)

    Mandates the filing of detailed financial statements in family law cases, including income, expenses, assets, and liabilities to facilitate fair resolution.

  • Maryland Discovery Rules (Maryland Rules, Title 2, Chapter 400)

    Establishes procedures for obtaining financial information through discovery, including interrogatories, requests for production, and depositions in divorce proceedings.

  • Federal Tax Return Disclosure (26 U.S.C. § 6103(l)(6))

    Federal requirement to disclose tax returns and related documents during divorce proceedings to verify income and financial status for support and property division.

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

    Federal law governing the disclosure and division of qualified retirement plans in divorce, requiring Qualified Domestic Relations Orders (QDROs) for proper distribution.

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

    Mandates disclosure of bankruptcy proceedings that may affect property division and financial obligations in divorce cases.

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

    Federal law providing protections for active-duty military personnel in divorce proceedings, requiring special consideration for military benefits and pay in financial disclosures.

  • Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408)

    Federal law governing the disclosure and division of military retirement benefits in divorce cases involving service members.

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

    Federal requirements for disclosure of securities, stock options, and other investment vehicles during divorce proceedings for proper valuation and division.

  • Foreign Account Tax Compliance Act (FATCA) (26 U.S.C. § 6038D)

    Federal law requiring disclosure of foreign financial assets and accounts during divorce proceedings to ensure complete financial transparency.

  • Maryland Fraudulent Conveyance Act (Maryland Code, Commercial Law Article, §15-201 through §15-214)

    Prohibits the transfer of assets to avoid financial obligations in divorce, requiring disclosure of any transfers made in anticipation of divorce proceedings.

  • Maryland Confidentiality of Financial Records (Maryland Rules, Rule 16-934)

    Governs the privacy and confidentiality of financial disclosures made during divorce proceedings, balancing transparency with privacy concerns.

  • Maryland Perjury Statute (Maryland Code, Criminal Law Article, §9-101)

    Establishes criminal penalties for knowingly making false statements under oath in financial disclosure declarations, ensuring truthfulness in divorce proceedings.

Frequently Asked Questions