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Florida Divorce Financial Affidavit: Short and Long Forms
A Florida divorce financial affidavit is a signed financial statement that reports a party’s income, deductions, expenses, assets, and liabilities. Florida uses two versions: the short form, Form 12.902(b), and the long form, Form 12.902(c). The appropriate form and the obligation to file or exchange it depend on the person’s gross annual income, the financial issues in the case, and the applicable court rules.
The current financial-affidavit forms do not contain a notary block. The person completing the form signs under penalties of perjury and remains responsible for providing complete and accurate information.
Quick answer: Form 12.902(b) generally applies when individual gross annual income is under $50,000. Form 12.902(c) generally applies when individual gross annual income is $50,000 or more. A court may require the long form in other circumstances.
What Is a Florida Family Law Financial Affidavit?
A Family Law Financial Affidavit is an official Florida form used to disclose a party’s financial circumstances in applicable family-law proceedings. It organizes financial information into monthly income, allowable deductions, monthly expenses, assets, liabilities, and possible contingent assets or liabilities.
The affidavit may be relevant when a divorce involves property or debts, child support, alimony, attorney’s fees, or another request for financial relief. It is not the same as a Florida Marital Settlement Agreement. The affidavit reports financial information; a settlement agreement records terms the spouses have reached.
Is a Financial Affidavit Required in Every Florida Divorce?
No. Financial affidavits are required in many Florida divorce cases, particularly when a party requests financial relief, but the requirement is not identical in every proceeding.
Florida Family Law Rule of Procedure 12.285 and its financial-affidavit filing provisions contain exceptions and circumstances in which a financial affidavit may not be required or in which the parties may waive filing the affidavits with the court. The applicable petition, the issues presented, current court rules, court orders, and local procedures should be reviewed for the particular case.
For example, the rule treats simplified dissolution differently and provides an exception in an uncontested dissolution when the respondent is served by publication and does not file an answer. It also addresses certain cases with no minor children, no support issues, and a written agreement resolving all financial issues.
These exceptions should not be treated as permission to omit financial information without confirming the requirements that apply. Cases involving property, debts, support, or uncertain jurisdiction may require advice from a licensed Florida attorney.
Which Florida Financial Affidavit Form Applies?
Short Form: Form 12.902(b)
The Family Law Financial Affidavit (Short Form), Form 12.902(b), generally applies when the person completing it has individual gross annual income under $50,000.
Long Form: Form 12.902(c)
The Family Law Financial Affidavit (Long Form), Form 12.902(c), generally applies when individual gross annual income is $50,000 or more.
The long form requests more detailed financial information and schedules. It includes detailed expense categories and expanded sections concerning assets, liabilities, business interests, retirement accounts, digital assets, and contingent items. A person earning less than $50,000 may also be required to complete the long form if the court orders it or it is properly requested through applicable discovery procedures.
Always use the current form from the Florida Courts family-law forms directory. Form dates and instructions can change.
What Information Does the Affidavit Request?
The short and long forms are not identical, but they generally request information in the following categories:
- Employment and other sources of gross income
- Deductions used to calculate net income
- Monthly household and personal expenses
- Payments to creditors
- Assets and current values
- Liabilities and current amounts owed
- Contingent assets and contingent liabilities
- Child-support worksheet information, when applicable
The signer should follow the labels and instructions on the current form rather than relying on a bank statement, pay stub, or personal budget alone. The affidavit uses specific categories and calculations that may not match ordinary take-home pay or household-budget terminology.
How Are Income and Expenses Converted to Monthly Amounts?
The affidavit uses monthly figures. The official instructions provide these common conversion methods:
| Payment schedule | Monthly conversion |
|---|---|
| Hourly | Hourly rate × hours worked per week × 52 ÷ 12 |
| Daily | Daily rate × days worked per week × 52 ÷ 12 |
| Weekly | Weekly amount × 52 ÷ 12 |
| Every two weeks | Biweekly amount × 26 ÷ 12 |
| Twice each month | Semimonthly amount × 2 |
Expenses paid on a nonmonthly schedule can generally be converted in the same manner. Supporting records should be reviewed so the figures are based on the signer’s actual financial information.
What Is the Difference Between Gross Income, Deductions, and Net Income?
Gross income is the income reported before applicable deductions. It may include more than wages, such as recurring bonuses, commissions, self-employment income, rental income, interest, dividends, retirement benefits, or other categories listed on the form.
Deductions are the specific deductions requested by the form. Depending on the circumstances, these may include taxes, Social Security and Medicare payments, mandatory retirement contributions, health-insurance costs, or qualifying support payments.
Net income is calculated using the applicable income and deduction sections of the form. It should not automatically be equated with the amount deposited into a bank account or the “net pay” displayed on one pay stub.
Whether a particular payment is income or a permitted deduction can involve legal, tax, or accounting questions. Divorce in Florida Online cannot choose or evaluate those entries for a customer.
How Should Monthly Expenses and Creditor Payments Be Reported?
The person completing the form should use the expense categories and instructions provided by the applicable affidavit. Expenses may include housing, utilities, food, transportation, insurance, medical costs, personal expenses, children’s expenses when applicable, and payments to creditors.
For creditor payments, identify the creditor and provide the payment information requested by the form. Do not assume that an amount belongs in a particular category merely because it appears on a credit report or monthly statement. If ownership, responsibility, or classification is disputed, legal advice may be needed.
How Do the Forms Address Assets and Liabilities?
The affidavit asks for financial interests and debts using the form’s specific tables and columns. Depending on the form and type of proceeding, the requested information may include:
- Bank accounts, cash, digital wallets, and investments
- Virtual currency, cryptocurrency, and similar digital assets
- Real estate and vehicles
- Business interests
- Retirement accounts and pensions
- Personal property and valuables
- Mortgages, loans, credit cards, tax liabilities, and judgments
Use the current form’s instructions for title, ownership, value, amount owed, and any requested marital or nonmarital classification. A financial affidavit reports information; it does not itself determine how property or debts will be divided.
For a broader explanation of assets and liabilities in a case without minor children, see our Florida divorce with property and no children guide. If both spouses have agreed on the disposition of their property and debts, see uncontested divorce with property in Florida.
What Are Contingent Assets and Liabilities?
Contingent assets and liabilities are possible financial interests or obligations whose existence or amount may depend on a future event. The current long form gives examples such as possible lawsuits, bonuses, accrued leave, possible inheritances, future unpaid taxes, contingent tax liabilities, and debts assumed by another person.
Not every expected payment or possible expense belongs in this section. Follow the current form and seek professional advice if the classification is uncertain.
Does a Florida Financial Affidavit Need to Be Notarized?
No notary block appears on the current Forms 12.902(b) and 12.902(c). Instead, the signer declares under penalties of perjury that the document has been read and that the facts stated in it are true.
This does not mean every document in a Florida divorce can be signed without notarization. Signature and notarization requirements depend on the particular document.
Can the financial affidavit be signed electronically?
Electronic filing and electronic signatures must comply with the applicable Florida rules, the filing platform, and the procedures of the court where the case is filed. A self-represented party may be permitted to file documents electronically but should follow the current form instructions and applicable filing procedures. Electronic filing and electronic signing are related but separate issues.
What Is the Difference Between Filing and Exchanging the Affidavit?
Filing means submitting the affidavit to the clerk so it becomes part of the court case. Serving or exchanging means providing it to the other party or the other party’s attorney according to the applicable rules.
In some qualifying cases, spouses may waive filing their financial affidavits with the court while still exchanging completed affidavits with each other. A waiver of filing should not be described as a waiver of every financial-information or disclosure requirement.
How Does Mandatory Disclosure Relate to the Financial Affidavit?
Mandatory disclosure generally requires parties in covered family-law proceedings to provide specified financial records to each other. The financial affidavit is only one part of that process. Supporting documents may include tax returns, income records, account statements, debt statements, and other records identified by Rule 12.285.
When applicable, the Certificate of Compliance with Mandatory Disclosure, Form 12.932, identifies the categories of documents provided to the other party. The certificate is not a replacement for the underlying financial records.
Mandatory disclosure may be modified in certain respects by agreement or court order, but financial affidavits and child-support documentation are subject to specific provisions and should not be treated as automatically waivable.
What Does Form 12.902(k) Waive?
The Joint Waiver of Filing Financial Affidavits, Form 12.902(k), concerns filing the affidavits with the court in the current matter.
By using the form, the parties acknowledge, among other things, that they have provided each other with a fully executed and sworn financial affidavit, that they are responsible for retaining their copies, that the waiver does not automatically apply to future filings, and that either party may revoke it.
The form does not universally waive mandatory disclosure, the exchange of financial information, child-support documentation, or future financial-affidavit requirements. Divorce in Florida Online cannot advise either spouse whether signing the waiver is appropriate or beneficial.
Common Financial-Affidavit Preparation Mistakes
- Using the wrong version of the form
- Reporting weekly or biweekly figures as though they were monthly
- Confusing gross income, take-home pay, and calculated net income
- Leaving applicable categories blank without following the form instructions
- Using estimates when reliable records are available
- Failing to identify jointly held interests or debts as the form requests
- Using outdated forms or instructions
- Failing to update information after a material financial change when supplementation is required
- Confusing the affidavit with the supporting records required for mandatory disclosure
An error or omission may need to be corrected. Questions involving inaccurate sworn information, material omissions, suspected concealment, or possible penalties should be directed to a licensed Florida attorney.
How Divorce in Florida Online Can Help
Divorce in Florida Online is a nonlawyer document-preparation service. For more than 15 years, we have helped customers prepare Florida divorce documents remotely throughout all 67 counties.
We may prepare documents using the factual information and agreed terms supplied by our customers. The customer remains responsible for supplying complete and accurate financial information.
We cannot decide which entries legally apply, classify property as marital or nonmarital, value assets, determine whether a deduction is appropriate, advise what information should be omitted, recommend whether a waiver should be signed, or provide legal, tax, accounting, or financial advice.
When Should You Consult an Attorney or Financial Professional?
Independent professional review may be appropriate when the financial issues include:
- Self-employment, cash income, or irregular compensation
- Business ownership, trusts, stock options, or deferred compensation
- Cryptocurrency or assets that are difficult to value
- Pensions or complex retirement accounts
- Suspected hidden or dissipated assets
- Disputed ownership, value, or marital classification
- Significant tax consequences or bankruptcy
- Substantial or disputed debts
- Child-support or alimony disputes
- Material errors or omissions in a signed affidavit
- Pressure, coercion, or unequal bargaining power
- Uncertainty about legal rights or disclosure obligations
Frequently Asked Questions
What is a Florida divorce financial affidavit?
A Florida divorce financial affidavit is a signed statement reporting a party’s income, deductions, expenses, assets, and liabilities. In applicable family-law proceedings, the short form or long form is used according to the person’s gross annual income and other procedural requirements.
What is the difference between Forms 12.902(b) and 12.902(c)?
Form 12.902(b) is the short form and generally applies when individual gross annual income is under $50,000. Form 12.902(c) is the long form and generally applies when individual gross annual income is $50,000 or more. The long form may also be required in other circumstances.
Is a financial affidavit required in every Florida divorce?
No. Financial affidavits are required in many Florida divorce cases, especially when financial relief is requested, but Rule 12.285 provides exceptions and circumstances in which filing may be waived. The requirements depend on the type of case and the issues presented.
Does a Florida divorce financial affidavit need to be notarized?
The current Forms 12.902(b) and 12.902(c) do not contain a notary block. The signer declares under penalties of perjury that the document has been read and that the facts stated in it are true.
Can a Florida financial affidavit be signed electronically?
Electronic signing and filing must comply with applicable Florida rules, the filing platform, and the procedures of the court where the case is filed. A self-represented party should follow the current form instructions and applicable court procedures.
What is the difference between a financial affidavit and mandatory disclosure?
The financial affidavit reports a party’s financial circumstances. Mandatory disclosure is the broader process of providing specified financial records to the other party. When applicable, Form 12.932 certifies which disclosure documents were provided.
What does Form 12.902(k) waive?
Form 12.902(k) concerns filing financial affidavits with the court in the current matter. It does not universally eliminate the exchange of affidavits, mandatory disclosure, child-support documents, or requirements in future proceedings.
What should I do if I discover an error in my financial affidavit?
Review the current form instructions and applicable court procedures promptly. Questions involving a material omission, inaccurate sworn information, concealment, or possible legal consequences should be directed to a licensed Florida attorney.
Tell Us About the Divorce Documents You Need
If you need assistance preparing Florida divorce documents, tell us about your situation. We will review the information you provide to determine whether our nonlawyer document-preparation service fits the process you are requesting.
Important: Divorce in Florida Online is a nonlawyer document-preparation service and is not a law firm. We prepare documents using factual information and agreed terms supplied by our customers. We cannot provide legal, tax, accounting, or financial advice; determine which affidavit entries legally apply; classify or value property; advise what information should be disclosed or omitted; or recommend whether a right or filing requirement should be waived. Court requirements and procedures vary, and no particular acceptance, timeline, hearing procedure, judicial decision, or outcome is guaranteed.