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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 Texas, 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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Texas Requirements for Financial Disclosure Declaration

  • Texas Government Code Chapter 572 (Texas Government Code §572.001 et seq.)

    Requires public officials and candidates to file personal financial statements disclosing detailed information about income, assets, liabilities, and financial activity. This is the primary Texas statute governing financial disclosure requirements.

  • Texas Family Code - Financial Information Requirement (Texas Family Code §6.502)

    Mandates that parties in a divorce proceeding must exchange sworn inventories and appraisements of all property, both separate and community, as well as liabilities. This ensures transparency in the division of marital assets.

  • Texas Family Code - Child Support Financial Disclosure (Texas Family Code §154.063)

    Requires parties to provide detailed financial information for calculating child support, including income from all sources, tax returns, and documentation of expenses related to children.

  • Texas Rules of Civil Procedure - Discovery (Texas Rules of Civil Procedure Rule 194)

    Governs the discovery process in divorce proceedings, including requirements for financial disclosure, document production, and penalties for failure to disclose financial information.

  • Texas Penal Code - Perjury (Texas Penal Code §37.02)

    Establishes criminal penalties for knowingly making false statements under oath, which applies to financial disclosure declarations submitted in legal proceedings.

  • Texas Family Code - Fraud on the Community (Texas Family Code §7.009)

    Addresses situations where one spouse conceals assets or financial information during divorce proceedings, providing remedies for the wronged spouse including disproportionate division of property.

  • Texas Business Organizations Code - Business Entity Disclosure (Texas Business Organizations Code §3.151)

    Requires disclosure of ownership interests in business entities, which is particularly important for spouses who own businesses or have professional practices.

  • Texas Property Code - Homestead Exemption (Texas Property Code §41.001)

    Requires disclosure of homestead property and related exemptions that may affect property division in divorce proceedings.

  • Texas Insurance Code - Insurance Policy Disclosure (Texas Insurance Code §541.061)

    Mandates disclosure of insurance policies, including life, health, and property insurance that may constitute marital assets or affect financial planning post-divorce.

  • Texas Estates Code - Estate Planning Disclosure (Texas Estates Code §251.001)

    Requires disclosure of wills, trusts, and estate planning documents that may affect property rights and financial interests during divorce proceedings.

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

    Requires disclosure of federal tax returns and related documents to verify income and financial status during divorce proceedings.

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

    Governs disclosure requirements for retirement accounts and pension plans that may be subject to division in divorce proceedings through Qualified Domestic Relations Orders (QDROs).

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

    Requires disclosure of securities, stocks, bonds, and investment accounts that constitute marital property subject to division.

  • Uniform Interstate Family Support Act (Texas Family Code Chapter 159)

    Governs financial disclosure requirements in cases involving interstate support obligations and enforcement of support orders across state lines.

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

    Requires disclosure of bankruptcy proceedings, filings, and related financial information that may affect property division and debt allocation in divorce.

  • Foreign Bank Account Reporting (FBAR) (31 U.S.C. §5314)

    Mandates disclosure of foreign bank accounts and financial assets exceeding certain thresholds, which must be reported during divorce proceedings.

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

    Requires disclosure of military retirement benefits and related compensation that may be subject to division as marital property under the Uniformed Services Former Spouses' Protection Act.

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

    Requires disclosure of Social Security benefits and eligibility, which may affect financial planning and support calculations in divorce proceedings.

  • Texas Finance Code - Banking Information Disclosure (Texas Finance Code §59.006)

    Governs disclosure of banking information, accounts, and financial institution records during divorce proceedings.

  • Texas Civil Practice and Remedies Code - Sanctions (Texas Civil Practice and Remedies Code §10.001)

    Provides for sanctions and penalties for failure to comply with financial disclosure requirements or for providing false or misleading financial information in legal proceedings.

Frequently Asked Questions