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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 Michigan, 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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Michigan Requirements for Financial Disclosure Declaration

  • Michigan Court Rule 3.206(A) (Michigan Court Rule 3.206(A))

    Requires parties in a divorce action to file a verified financial information form, disclosing income, expenses, assets, and liabilities.

  • Michigan Compiled Laws 552.6 (MCL 552.6)

    Establishes the requirement for full disclosure of all assets in divorce proceedings to ensure equitable distribution of marital property.

  • Michigan Compiled Laws 552.23 (MCL 552.23)

    Authorizes courts to require disclosure of financial information to determine appropriate alimony and property division.

  • Michigan Compiled Laws 552.401 (MCL 552.401)

    Governs the division of property acquired during marriage, requiring complete financial disclosure to determine equitable distribution.

  • Michigan Child Support Formula (Michigan Child Support Formula Manual)

    Requires detailed financial disclosure to calculate child support obligations based on income and other financial factors.

  • Michigan Compiled Laws 552.603 (MCL 552.603)

    Mandates disclosure of income information for child support determination and enforcement purposes.

  • Michigan Compiled Laws 600.2932 (MCL 600.2932)

    Provides for penalties for fraudulent conveyances or transfers of assets to avoid financial obligations in divorce proceedings.

  • Michigan Rules of Professional Conduct 3.3 (Michigan Rules of Professional Conduct 3.3)

    Requires attorneys to ensure clients provide truthful and complete financial disclosures to the court.

  • Michigan Compiled Laws 750.422 (MCL 750.422)

    Establishes penalties for perjury, which applies to false statements made in financial disclosure declarations.

  • Michigan Compiled Laws 552.13 (MCL 552.13)

    Authorizes courts to issue orders for temporary support during divorce proceedings, requiring financial disclosure to determine appropriate amounts.

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

    Requires disclosure of federal tax returns as part of financial declaration to verify income and tax filing status.

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

    Requires disclosure of any pending bankruptcy proceedings that may affect the division of assets or liabilities.

  • Uniform Interstate Family Support Act (MCL 552.1101-552.1901)

    Governs interstate enforcement of support orders, requiring financial disclosure for determination and modification of support obligations.

  • Employee Retirement Income Security Act (ERISA) (29 U.S.C. § 1056(d)(3))

    Governs the disclosure and division of pension and retirement benefits in divorce proceedings through Qualified Domestic Relations Orders (QDROs).

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

    Requires disclosure of securities, stocks, and investment accounts subject to federal securities regulations.

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

    Requires disclosure of military retirement benefits subject to division under the Uniformed Services Former Spouses' Protection Act.

  • Social Security Benefits Disclosure (42 U.S.C. § 402)

    Requires disclosure of Social Security benefits that may impact spousal support determinations.

  • Michigan Compiled Laws 552.507 (MCL 552.507)

    Authorizes Friend of the Court to investigate financial circumstances for support and custody recommendations, requiring cooperation with financial disclosure requests.

  • Michigan Compiled Laws 552.17 (MCL 552.17)

    Provides for modification of support orders based on changed financial circumstances, requiring ongoing financial disclosure obligations.

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

    Requires disclosure of foreign financial accounts and assets exceeding certain thresholds.

Frequently Asked Questions