by Allyson Hughes | Oct 2, 2026 | Family Law News
Few parts of a divorce feel as intrusive as being asked to lay out every account, deed, and debt for the person you are separating from, yet Florida requires exactly that in most cases. Early in the case, each spouse must give the other a sworn financial affidavit and the records that support it, under Florida Family Law Rule of Procedure 12.285, which applies when a spouse asks the court for financial relief, including child support, alimony, the division of property and debts, and attorney’s fees (Fla. Fam. L. R. P. 12.285(e)).
Where the Rule Does Not Apply
The rule covers most family law cases in which money is at stake. It does not apply to adoptions, simplified dissolutions, cases brought to enforce an existing order or to hold someone in contempt of one, or injunctions for protection against domestic, repeat, dating, or sexual violence or stalking. It also does not apply to an uncontested divorce in which the other spouse is served by publication and never responds (Fla. Fam. L. R. P. 12.285(a)(1)).
When Disclosure Is Due
Each spouse must hand over the required records within 45 days after the spouse who did not file is formally served with the petition, a deadline that applies equally to a divorce and to a later case to modify support (Fla. Fam. L. R. P. 12.285(b)(2)). The spouses may agree to extend that time, and either spouse may ask the court for more time before the deadline passes, which the court must grant when there is good cause (Fla. Fam. L. R. P. 12.285(h)). When a spouse asks for temporary support or other financial orders while the case is pending, the records for that hearing must be exchanged ahead of it, at least ten days before the hearing by the spouse asking for relief and at least five days before it by the other spouse, unless they have already been provided (Fla. Fam. L. R. P. 12.285(b)(1)).
What the Sworn Affidavit Covers
The financial affidavit is a sworn statement of each spouse’s income, assets, and debts. A spouse whose gross annual income, meaning income before taxes and deductions, is under $50,000 completes Florida Form 12.902(b), and a spouse earning $50,000 or more completes Form 12.902(c), which the court may also require of a spouse who earns less. Every figure in the affidavit must be backed by records provided alongside it, and the spouses cannot agree to skip the affidavit itself (Fla. Fam. L. R. P. 12.285(e)(1)).
The Records Each Spouse Provides
The list of records can seem daunting at first, and it is easier to manage when collecting statements and returns begins as soon as a divorce appears likely. When a spouse asks the court to decide child support, alimony, or the division of property as part of the final outcome, the affidavit must be accompanied by a defined set of records (Fla. Fam. L. R. P. 12.285(e)), which include the following.
Federal and state income tax returns for the past three years
Pay stubs or other proof of earnings for the six months before the disclosure
A written statement of any other income received during those same six months
Loan applications, financial statements, and credit reports prepared or used in the past 24 months
Deeds showing any ownership interest in property held at any time in the past three years
Bank, brokerage, retirement, and virtual currency statements for the past 12 months
Life insurance records for the past 12 months
Credit card statements and other records of debt for the past 24 months
When Finances Change
Life does not pause while a divorce is pending, and the rule accounts for that. Whenever a spouse’s financial situation changes in a material way, that spouse must update the records and the affidavit, and any amended affidavit must be delivered together with the new records that support it (Fla. Fam. L. R. P. 12.285(f)).
When Both Spouses Agree
Since November 1, 2023, spouses who agree may file a joint sworn notice that waives filing their financial affidavits with the court (In re Amendments to Fla. Fam. L. R. P. 12.285, No. SC2022-1738 (Fla. Sept. 7, 2023)). The spouses still exchange affidavits privately, and each must confirm having given the other a complete, sworn affidavit. Keeping copies becomes their responsibility alone, the waiver covers only the current filing, and either spouse may withdraw it at any time (Fla. Fam. L. R. P. 12.285(c)(2)).
Why Disclosure Comes Early
The rule requires these records at the start of the case, and the commentary that accompanied its adoption in 1995 expresses the hope that early disclosure will reduce the cost of litigation for everyone involved. Whether a spouse filed the case or is responding to it, the 45-day clock starts at service, and each spouse must also file a sworn certificate confirming that the disclosure is complete and accurate (Fla. Fam. L. R. P. 12.285(j)).
Gathering these records is tedious work that arrives at a difficult moment, when attention is already stretched by children, housing, and the future. I walk clients through the process one category at a time, with the goal of a complete disclosure delivered on schedule, so that their energy can go where it is needed most.
Allyson Hughes is Board Certified in Marital and Family Law by The Florida Bar.
This post draws on Fla. Fam. L. R. P. 12.285, The Florida Bar, and on In re Amendments to Fla. Fam. L. R. P. 12.285, No. SC2022-1738 (Fla. Sept. 7, 2023).