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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 Tennessee, 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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Tennessee Requirements for Financial Disclosure Declaration

  • Tennessee Ethics Commission Financial Disclosure (Tennessee Code Annotated § 8-50-501)

    Public officials in Tennessee must file financial disclosure statements with the Tennessee Ethics Commission, detailing income sources, investments, and financial interests.

  • Mandatory Disclosure Requirements (Tennessee Code Annotated § 36-4-106)

    Parties in divorce proceedings must provide full disclosure of all assets, liabilities, income, and expenses to ensure equitable distribution of marital property.

  • Penalties for False Statements (Tennessee Code Annotated § 39-16-702)

    Making false statements on financial disclosure forms constitutes perjury and may result in criminal penalties including fines and imprisonment.

  • Disclosure of Real Property (Tennessee Code Annotated § 36-4-121)

    All real property interests must be disclosed, including primary residences, vacation homes, rental properties, and land investments, with current market valuations.

  • Business Interest Disclosure (Tennessee Code Annotated § 36-4-121(b))

    Complete disclosure of all business interests, ownership stakes, partnerships, and corporate holdings, including valuation of such interests.

  • Retirement Account Disclosure (Tennessee Code Annotated § 36-4-121)

    Full disclosure of all retirement accounts, pension plans, 401(k)s, IRAs and deferred compensation plans, including current values and vesting schedules.

  • Financial Account Disclosure (Tennessee Code Annotated § 36-4-106(d))

    Disclosure of all financial accounts including checking, savings, money market accounts, certificates of deposit, and investment accounts with current balances.

  • Income Disclosure Requirements (Tennessee Code Annotated § 36-5-101)

    Complete disclosure of all income sources including employment, self-employment, business income, rental income, dividends, interest, and other income streams.

  • Debt and Liability Disclosure (Tennessee Code Annotated § 36-4-121)

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

  • Child Support Guidelines Compliance (Tennessee Code Annotated § 36-5-101)

    Financial disclosures must provide sufficient information to properly calculate child support according to Tennessee Child Support Guidelines.

  • Alimony Consideration Factors (Tennessee Code Annotated § 36-5-121)

    Financial disclosures must include information relevant to statutory factors for alimony determination, including earning capacity and financial needs.

  • Disclosure of Transfers and Gifts (Tennessee Code Annotated § 36-4-106(d))

    Disclosure of any transfers of assets or gifts made within the preceding two years to prevent fraudulent conveyances intended to hide marital assets.

  • Ongoing Duty to Update (Tennessee Rules of Civil Procedure, Rule 26.05)

    Parties have an ongoing duty to update financial disclosures if material changes occur during the pendency of divorce proceedings.

  • Qualified Domestic Relations Orders (Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1056(d)(3))

    Disclosure of retirement accounts subject to division must comply with requirements for Qualified Domestic Relations Orders (QDROs) under federal law.

  • Tax Return Disclosure (Tennessee Code Annotated § 36-4-106(d)(3))

    Parties must provide copies of federal and state income tax returns for the previous three years as part of financial disclosure requirements.

  • Federal Tax Lien Disclosure (Internal Revenue Code, 26 U.S.C. § 6321)

    Any federal tax liens against property must be disclosed as they may affect property division and distribution in divorce proceedings.

  • Securities Disclosure Requirements (Tennessee Code Annotated § 36-4-121)

    Disclosure of all securities, stocks, bonds, mutual funds, and other investments, including those held in brokerage accounts.

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

    Disclosure of any pending bankruptcy proceedings or bankruptcy filings within the past 7 years that may affect property division.

  • Military Benefit Disclosure (10 U.S.C. § 1408 (USFSPA))

    Disclosure of military benefits, pensions, and retirement pay subject to division under the Uniformed Services Former Spouses' Protection Act.

  • Social Security Benefit Disclosure (42 U.S.C. § 407 (Social Security Act))

    While Social Security benefits are not divisible in divorce, disclosure is required for income calculation purposes for support determinations.

Frequently Asked Questions