Hiding assets won’t work, and guessing numbers won’t either. In Florida family law, financial disclosure is mandatory. You’ll need to lay everything out—income, assets, debts, expenses. It’s not just paperwork. It’s what determines who gets what, who pays what, and who’s responsible for ongoing child and spousal support.
At Bergermann Law Firm, we make sure our clients know exactly what’s required, with no surprises, no mistakes, just a clear path forward.
What Florida Law Requires
Florida’s Mandatory Disclosure Rule (Family Law Rule 12.285) lays it all out. You must exchange key financial documents with your spouse, including:
- Financial Affidavit – A sworn statement detailing income, expenses, assets, and liabilities.
- Tax Returns (Last Three Years) – Includes W-2s, 1099s, and all supporting documents.
- Bank Statements (Last Three Months) – Checking, savings, investment, and retirement account records.
- Pay Stubs (Last Three Months) – Proof of current income.
- Credit Card Statements (Last Three Months) – Documentation of outstanding debt and spending.
- Mortgage and Loan Documents – Includes property loans, car loans, and other significant financial obligations.
- Insurance Policies – If you or your spouse have a life insurance policy, it must be reported.
Think you can skip some of these documents? Think again. Florida courts take financial transparency seriously.
What Happens If You Don’t Disclose?
Non-compliance isn’t just risky—it’s a bad strategy. If you fail to submit the required financial documents, the court has legal options it can impose on you. For example, they can impose sanctions and they can strike your pleadings. In extreme cases, they can rule in favor of your spouse.
Judges don’t take kindly to hidden assets, missing records, or vague financial statements. If you’re caught withholding information, expect consequences.
Can You Waive Financial Disclosure?
In some cases, yes. If both parties agree, certain disclosures can be waived. But not the financial affidavit. That’s required in nearly all divorce cases, except in simplified dissolutions where there are no minor children and no alimony involved.
Even when a waiver is possible, think carefully before signing one. Financial clarity now prevents disputes later.
How to Protect Yourself
Accuracy is everything because a mistake on your financial affidavit can lead to legal headaches—or worse, accusations of dishonesty. Here’s how to get it right:
- Be Thorough – Provide full, accurate numbers. Don’t estimate.
- Stay Organized – Keep financial records in order. Courts want details, not guesswork.
- Consult an Attorney – Don’t navigate this alone. A mistake could cost you.
At Bergermann Law Firm, we ensure that our clients submit complete and accurate disclosures. And we have an advantage most other lawyers don’t have. Vera Bergermann, Esq. has a master’s degree in taxation, so when it comes to financial records, she’s got the expertise you need. We fight to make sure financial settlements are fair, clear, and legally sound.
The Bottom Line
Financial disclosure isn’t just a box to check. It shapes the outcome of your case. At Bergermann Law Firm, we guide Fort Myers residents through the process—ensuring clarity, compliance, and protection at every step.
Need help with financial disclosure? Call our office today at (239) 334-0075.
