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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 Rhode Island, 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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Rhode Island Requirements for Financial Disclosure Declaration

  • Rhode Island Code of Ethics (R.I. Gen. Laws § 36-14-16)

    Requires public officials and certain state employees to file annual financial disclosure statements with the Rhode Island Ethics Commission, disclosing sources of income, business interests, and potential conflicts of interest.

  • Rhode Island Financial Disclosure Requirements (R.I. Gen. Laws § 15-5-16.1)

    Mandates detailed disclosure of all assets, income, expenses, debts, and financial interests for parties in divorce proceedings, including real estate, personal property, investments, and business interests.

  • Penalties for False Statements (R.I. Gen. Laws § 11-33-1)

    Establishes penalties for knowingly making false statements or omissions on financial disclosure forms, which may constitute perjury and result in criminal charges.

  • Equitable Distribution Requirements (R.I. Gen. Laws § 15-5-16.1)

    Requires full financial disclosure to facilitate the court's equitable distribution of marital property, considering factors such as length of marriage, contributions of each spouse, and economic circumstances.

  • Child Support Guidelines Compliance (R.I. Gen. Laws § 15-5-16.2)

    Mandates financial disclosure to properly calculate child support obligations according to Rhode Island's child support guidelines, including income from all sources.

  • Alimony Determination Disclosure (R.I. Gen. Laws § 15-5-16)

    Requires comprehensive financial disclosure to determine appropriate alimony awards, considering factors such as income, earning capacity, and standard of living established during the marriage.

  • Mandatory Financial Statement Filing (R.I. Family Court Rule 64)

    Requires parties in divorce proceedings to file a DR-6 Financial Statement form with the Family Court, detailing income, expenses, assets, and liabilities under oath.

  • Continuing Duty to Update Disclosures (R.I. Family Court Rule 64(c))

    Imposes an ongoing obligation to update financial disclosures if material changes occur during the pendency of divorce proceedings.

  • Discovery of Financial Information (R.I. Family Court Rules of Procedure for Domestic Relations 26-37)

    Establishes procedures for obtaining additional financial information through formal discovery processes, including interrogatories, requests for production, and depositions.

  • Business Valuation Disclosure (R.I. Gen. Laws § 15-5-16.1(b))

    Requires detailed disclosure of business interests, including ownership percentages, valuation, income generated, and business assets and liabilities.

  • Retirement Account Disclosure (R.I. Gen. Laws § 15-5-16.1)

    Mandates disclosure of all retirement accounts, pension plans, and deferred compensation, which are subject to equitable distribution in divorce proceedings.

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

    Requires disclosure of federal tax returns for at least the past three years to verify income and financial status as part of the divorce proceedings.

  • Qualified Domestic Relations Orders Compliance (29 U.S.C. § 1056(d)(3))

    Requires disclosure of retirement plans subject to QDRO provisions for proper division of retirement benefits in accordance with federal law.

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

    Mandates disclosure of securities, stocks, bonds, and investment accounts, including those regulated by federal securities laws.

  • 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. § 407)

    Requires disclosure of Social Security benefits, though these benefits themselves are not divisible as marital property under federal law.

  • Bankruptcy Disclosure Requirements (11 U.S.C. § 541)

    Mandates disclosure of any pending bankruptcy proceedings that may affect the division of assets and debts in divorce proceedings.

  • Foreign Asset Disclosure Requirements (31 U.S.C. § 5314; 26 U.S.C. § 6038D)

    Requires disclosure of foreign financial accounts and assets in compliance with the Foreign Account Tax Compliance Act and Bank Secrecy Act.

  • Digital Asset Disclosure (R.I. Gen. Laws § 15-5-16.1)

    Requires disclosure of digital assets, including cryptocurrencies, NFTs, and other blockchain-based assets that may constitute marital property.

  • Sanctions for Non-Disclosure (R.I. Family Court Rule 11)

    Authorizes the court to impose sanctions, including adverse inferences, attorney's fees, and contempt findings for failure to provide complete financial disclosure.

Frequently Asked Questions