Florida Divorce Financial Affidavit: A Complete Guide to Form 12.902

By Nadia Pazos, Family Law Attorney, Pazos Law Group · May 2026  ·  ← All blog posts

Every Florida divorce requires both parties to file a sworn financial affidavit. The form looks straightforward but is the single most-litigated document in a divorce. Here’s what each section means, what to attach, and the mistakes that cost clients the most.

What Is a Florida Divorce Financial Affidavit?

The Florida Financial Affidavit is a sworn statement of your income, expenses, assets, and liabilities, filed under oath in every divorce case. The Florida Supreme Court has approved two standard forms: Form 12.902(b) (Short Form, for filers with gross annual income under $50,000 with no significant assets) and Form 12.902(c) (Long Form, for everyone else). The financial affidavit is the foundation on which the court calculates alimony under Fla. Stat. § 61.08, child support under Fla. Stat. § 61.30, and equitable distribution under Fla. Stat. § 61.075.

When the Affidavit Is Due

Florida Family Law Rule 12.285 requires the financial affidavit to be served on the other party within 45 days of service of the initial pleading (the petition for dissolution). The Rule applies regardless of whether the case is contested. Failure to timely file can result in:

• Court orders compelling filing, often with attorney fee awards against the non-compliant party.
• Inability to seek certain forms of relief until the affidavit is filed.
• Adverse inferences at trial — the court may presume that the missing information would have been unfavorable to the non-filer.

Many cases require interim financial affidavits earlier, particularly when a party seeks temporary alimony, temporary child support, or temporary attorney fee awards. In Miami-Dade, motions for temporary relief routinely require a financial affidavit to be filed contemporaneously.

Short Form vs. Long Form: Which One Do You File?

Use Form 12.902(b) (Short Form) if all of the following apply:

• Your individual gross annual income is less than $50,000.
• You and your spouse have no significant marital assets (no business interests, retirement accounts above modest amounts, real estate beyond the marital home, etc.).
• You have no significant marital debt beyond ordinary credit card and consumer debt.

Use Form 12.902(c) (Long Form) in any other case. In practice, the vast majority of Miami-Dade divorces use the Long Form because the income and asset thresholds are easy to exceed. Filing the Short Form when the Long Form is required will be flagged by the court and corrected.

Required Attachments Under Rule 12.285(d)

The financial affidavit is filed with mandatory financial disclosure documents. Required attachments include:

• Federal and state tax returns for the last 3 years with all schedules and W-2/1099 forms.
• Pay stubs covering the most recent 3 months (or other proof of current income for self-employed parties).
• Bank statements for the last 3 months for all individual and joint accounts.
• Credit card statements for the last 3 months showing balances and recent activity.
• Loan documents for mortgages, auto loans, student loans, and any other debts.
• Retirement plan statements for the most recent quarter for 401(k), IRA, pension, and similar accounts.
• Brokerage statements for the last 3 months.
• Real estate deeds and most recent property tax bills.
• Business records if you own an interest in a business: profit-and-loss statements, balance sheet, K-1s, partnership/operating agreements.
• Insurance policies: life, health, disability, with most recent statements of cash value if applicable.

The mandatory disclosure list is comprehensive and most violations are accidental. A common practice is to assemble the documents before completing the affidavit itself — the document review often surfaces income or expense categories you would have overlooked from memory.

Completing the Income Section

The income section is where the most disputes arise. Florida requires you to report gross monthly income from all sources, not net income. Sources include:

• Salary and wages (use year-to-date averages divided by months elapsed, not just the last pay stub).
• Bonuses, commissions, and overtime, averaged over the most recent 3-year period.
• Self-employment income (gross receipts less ordinary and necessary business expenses — this is calculated differently than for IRS purposes).
• Investment income: interest, dividends, capital gains, REIT distributions.
• Rental income (net of documented expenses).
• Social Security, disability, unemployment, workers’ compensation.
• Royalties, trust distributions, recurring gifts (yes, regular monetary gifts from family may count).
• In-kind benefits from employment: company car, housing allowance, expense reimbursements that benefit personal expenses.

For variable income (commissions, bonuses, self-employment), use the 3-year average unless there is a documented reason a different period is more representative. Cherry-picking the lowest or highest year is not permitted and usually backfires when the court reviews the underlying tax returns.

The Expenses Section

The expenses section asks you to itemize monthly expenses. The court uses this to determine your need for alimony and to evaluate ability-to-pay claims. Important categories:

• Housing: mortgage or rent, property tax, homeowners insurance, HOA fees, repairs (averaged).
• Utilities: electric, water, gas, internet, cell phones, streaming services.
• Transportation: car payments, insurance, fuel, maintenance, parking, tolls.
• Food: groceries and dining out.
• Health and personal care: insurance premiums, out-of-pocket medical, dental, vision, prescriptions, gym, grooming.
• Child-related expenses: childcare, school tuition, school supplies, extracurriculars, summer camp, school clothing.
• Insurance: life, disability, umbrella.
• Debt service: minimum monthly payments on credit cards, student loans, personal loans.
• Savings and retirement: amounts you regularly contribute.
• Discretionary: travel, hobbies, entertainment, gifts.

Use actual amounts from your bank and credit card statements rather than estimates. Courts heavily discount expense entries that don’t match the documented transaction history. Annual expenses (like vacations, holiday gifts, property tax if not escrowed) should be divided by 12 and shown as monthly figures.

Assets and Liabilities

The assets section requires you to list everything you own, including separate property (acquired before marriage, by inheritance, or by gift). The court distinguishes marital from non-marital property as part of equitable distribution, but you must disclose everything first — the classification is the next step.

For each asset, you provide: description, present value, current title (joint or individual), date acquired, source of funds. Common categories:

• Real estate (use most recent appraisal or county property tax assessor value).
• Vehicles (use NADA, Kelley Blue Book, or recent sale comparables).
• Bank accounts (most recent statement balance).
• Investment and brokerage accounts (most recent statement value).
• Retirement accounts (401(k), 403(b), IRA, pension — current statement values).
• Business interests (require independent valuation in contested cases).
• Personal property of significant value (jewelry, art, collections, electronics, furniture).
• Life insurance policies with cash value.
• Accounts receivable owed to you (including from family loans).

Liabilities cover all debts: mortgages, auto loans, credit cards, student loans, personal loans, tax liabilities, judgments. Include both the original creditor and the current balance.

Common Mistakes That Hurt Clients

Five mistakes account for most financial affidavit disputes in Miami-Dade family court:

1. Understating variable income. Using a single month’s pay stub instead of the 3-year average for commissions or bonuses. The other side’s attorney will pull the tax returns and the court will use the higher number.
2. Inflating expenses with aspirational figures. Listing what you wish you spent on groceries instead of what bank statements show. Courts notice. Inflated expenses undermine credibility on every other entry.
3. Omitting separate property. Thinking you don’t need to disclose inheritance or pre-marital accounts. You do; the court decides classification, not you.
4. Forgetting non-cash benefits. Company car, employer-paid health insurance, education benefits, housing allowance. These count as income for support calculations.
5. Failing to update when circumstances change. Florida requires amended affidavits when material changes occur. A 20%+ change in income or significant asset acquisition requires an amendment.

Penalties for False Statements

The financial affidavit is sworn under oath. False statements are perjury under Fla. Stat. § 837.06 and can also constitute fraud under Florida common law. Consequences range from court sanctions to criminal prosecution in egregious cases:

• Voiding of any settlement agreement reached based on false disclosures (motion to set aside final judgment under Florida Family Law Rule 12.540).
• Awarding the innocent spouse a greater share of property to remedy the concealment.
• Attorney fee awards against the non-disclosing party.
• Contempt findings with possible jail time.
• Criminal referral for perjury (rare but possible).

Discovery has improved dramatically in the last decade. Banks, brokerages, employers, and credit card companies respond routinely to subpoenas. Forensic accountants can reconstruct income from bank deposits. Hiding assets in 2026 is much harder than it was 20 years ago, and the consequences of being caught are severe.

Amending the Affidavit

If you discover an error or your circumstances change materially, file an Amended Financial Affidavit promptly. Amendments are routine and not penalized when made in good faith. What is penalized is failing to amend after discovering material errors, particularly when those errors favored you in the case.

The format is identical to the original affidavit, but marked “Amended” and dated. File and serve on opposing counsel; if a hearing or trial is scheduled, notify the court of the amendment.

Frequently Asked Questions

Related Reading

• Florida Equitable Distribution Explained
• Hidden Assets in a Florida Divorce
• First Divorce Consultation Checklist
• Florida Family Law Glossary — 32+ Plain-English Definitions

The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.