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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 Missouri, 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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Missouri Requirements for Financial Disclosure Declaration

  • Missouri Financial Disclosure Statement Requirement (Missouri Supreme Court Rule 88.01)

    Missouri requires parties in a divorce or legal separation to complete and file a financial statement disclosing all income, expenses, assets, and liabilities. This statement must be filed with the initial pleading or within 45 days thereafter.

  • Mandatory Disclosure of Income (Missouri Revised Statutes § 452.330)

    Parties must disclose all sources of income including wages, salaries, commissions, bonuses, dividends, pensions, interest, trust income, and any other sources of income received on a regular basis.

  • Disclosure of Property and Assets (Missouri Revised Statutes § 452.330)

    Full disclosure of all property, both marital and separate, including real estate, vehicles, bank accounts, investment accounts, retirement accounts, business interests, and personal property of significant value.

  • Disclosure of Debts and Liabilities (Missouri Revised Statutes § 452.330)

    Complete disclosure of all debts and liabilities including mortgages, loans, credit card debts, tax liabilities, and any other financial obligations.

  • Child Support Calculation Information (Missouri Revised Statutes § 452.340; Missouri Supreme Court Rule 88.01)

    Parties with minor children must provide specific financial information used to calculate child support according to the Missouri Child Support Guidelines, including income details and childcare expenses.

  • Verification Under Oath (Missouri Supreme Court Rule 88.01)

    Financial disclosure statements must be signed under oath, verifying that the information provided is true and complete to the best of the party's knowledge.

  • Continuing Duty to Update (Missouri Supreme Court Rule 88.01)

    Parties have a continuing duty to update their financial disclosure statements if there are significant changes to their financial situation before the final judgment.

  • Penalties for False Statements (Missouri Revised Statutes § 575.040)

    Making false statements on a financial disclosure declaration may constitute perjury and could result in criminal penalties and/or civil sanctions within the divorce proceeding.

  • Business Valuation Disclosure (Missouri Revised Statutes § 452.330)

    Parties who own business interests must provide sufficient information for proper valuation, including financial statements, tax returns, and other relevant business documents.

  • Retirement Account Disclosure (Missouri Revised Statutes § 452.330)

    Full disclosure of all retirement accounts including 401(k)s, IRAs, pensions, and other retirement benefits, which are subject to division as marital property in Missouri.

  • Tax Return Disclosure (Missouri Supreme Court Rule 88.01)

    Parties typically must provide copies of tax returns for the previous three to five years to verify income and asset information.

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

    Disclosure of federal tax information must comply with federal privacy laws while still providing necessary information for equitable distribution and support calculations.

  • Financial Privacy Considerations (Gramm-Leach-Bliley Act, 15 U.S.C. § 6801-6809)

    Financial disclosures must balance transparency requirements with federal financial privacy protections, particularly for information obtained from financial institutions.

  • Disclosure of Health Insurance Information (Missouri Revised Statutes § 452.353)

    Parties must disclose health insurance coverage details for themselves and their children, including costs, to determine medical support obligations.

  • Maintenance (Alimony) Factors (Missouri Revised Statutes § 452.335)

    Financial disclosures must include information relevant to statutory factors for determining maintenance, including financial resources, standard of living during marriage, and earning capacity.

  • Property Classification Disclosure (Missouri Revised Statutes § 452.330)

    Parties must identify whether assets are marital or separate property, including the basis for classification, as Missouri follows equitable distribution principles.

  • Discovery Compliance (Missouri Supreme Court Rules 56-61)

    Financial disclosures must comply with Missouri's discovery rules, and parties may be subject to additional discovery requests beyond the standard financial statement.

  • QDRO Compliance Information (Employee Retirement Income Security Act, 29 U.S.C. § 1056(d)(3))

    For retirement accounts subject to division, disclosures must provide information necessary to prepare Qualified Domestic Relations Orders (QDROs) in compliance with federal ERISA requirements.

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

    For military members, disclosure of military benefits subject to division under federal law, including retirement pay and survivor benefits.

  • Bankruptcy Disclosure (11 U.S.C. § 541; Missouri Revised Statutes § 452.330)

    Disclosure of any pending bankruptcy proceedings or recent bankruptcy discharges that may affect the division of debts or assets in the divorce proceeding.

Frequently Asked Questions