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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 Oregon, 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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Oregon Requirements for Financial Disclosure Declaration

  • Oregon Government Ethics Law (ORS Chapter 244)

    Requires public officials to file verified statements of economic interest annually, disclosing sources of income, business interests, real property holdings, and other financial information.

  • Oregon Uniform Trial Court Rules - Financial Statements (UTCR 8.010)

    Mandates the filing of uniform support affidavits and financial statements in family law proceedings, including divorce and legal separation cases.

  • Oregon Property Division Statute (ORS 107.105)

    Requires full disclosure of all assets and liabilities for equitable distribution of property in divorce proceedings, with a presumption of equal contribution to acquisition of marital assets.

  • Oregon Child Support Guidelines (ORS 25.275-25.287)

    Requires complete financial disclosure to calculate appropriate child support obligations based on income, resources, and needs of both parents and children.

  • Oregon Spousal Support Provisions (ORS 107.105(1)(d))

    Mandates financial disclosure to determine appropriate spousal support based on duration of marriage, earning capacity, and standard of living established during marriage.

  • Oregon Mandatory Disclosure Requirements (ORS 107.089)

    Specifies documents that must be exchanged in family law cases, including tax returns, pay stubs, bank statements, and other financial records.

  • Oregon Penalties for Non-Disclosure (ORS 107.089(4))

    Establishes sanctions for failure to disclose assets or providing false information in financial declarations, including potential contempt of court and attorney fee awards.

  • Oregon Supplemental Local Rules (Oregon Supplemental Local Rules (Varies by County))

    County-specific requirements for financial disclosure forms and supporting documentation in family law proceedings that may vary by jurisdiction.

  • Oregon Discovery Rules (Oregon Rules of Civil Procedure 36-46)

    Provides mechanisms for obtaining financial information through formal discovery processes when voluntary disclosure is insufficient.

  • Oregon Fiduciary Duty Between Spouses (ORS 107.105 and Oregon Case Law)

    Imposes a fiduciary duty of full disclosure between spouses in divorce proceedings regarding all assets, debts, and financial information.

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

    Requires disclosure of federal tax returns and related documents to ensure accurate representation of income and tax liabilities in divorce proceedings.

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

    Mandates disclosure of bankruptcy filings and proceedings that may affect property division and debt allocation in divorce cases.

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

    Requires disclosure of federal retirement accounts, pension plans, and benefits for proper valuation and division in divorce proceedings.

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

    Mandates disclosure of military benefits, retirement, and disability payments for consideration in property division and support determinations.

  • Federal Social Security Benefit Disclosure (42 U.S.C. § 402(b), (c), (e), and (f))

    Requires disclosure of Social Security benefits and eligibility for consideration in long-term financial planning during divorce proceedings.

  • Federal Student Loan Disclosure (Higher Education Act, 20 U.S.C. § 1001 et seq.)

    Mandates disclosure of federal student loan obligations that may affect property division and debt allocation in divorce proceedings.

  • Securities Exchange Act Disclosure (Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq.)

    Requires disclosure of securities, stock options, and investment accounts regulated by federal securities laws for proper valuation and division.

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

    Mandates disclosure of foreign bank accounts and assets subject to Foreign Account Tax Compliance Act and Bank Secrecy Act reporting requirements.

  • Federal Real Estate Disclosure Requirements (Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq.)

    Requires disclosure of federally-backed mortgages, liens, and real estate holdings for proper valuation and division in divorce proceedings.

  • Federal Tax Fraud Penalties (26 U.S.C. § 7201, § 7203, § 7206)

    Establishes criminal and civil penalties for willful failure to disclose income, assets, or financial information that may constitute tax fraud or evasion.

Frequently Asked Questions