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.

Which Florida Statutes Govern Equitable Distribution? (§ 61.075, as amended by ch. 2024-237)

Property division runs through Fla. Stat. § 61.075(1), which requires the court to begin from an equal split. The 2024 amendment (ch. 2024-237, effective 1 July 2024) added the closely-held-business valuation rules. Every proposition below is tied to the pinpoint subsection that supports it. Links go to the official text published by the Florida Legislature.

• § 61.075(1) — requires the court to set apart each spouse’s nonmarital property and to begin distribution from the premise that it should be equal, absent justification for an unequal split.
• § 61.075(1)(a)–(j) — lists the factors that can justify an unequal distribution, including contributions, economic circumstances, duration, career interruption, and the desirability of keeping a business intact.
• § 61.075(1)(i) — makes intentional dissipation, waste, depletion, or destruction of marital assets a factor when it occurs after filing or within 2 years before filing.
• § 61.075(3) — requires specific written findings identifying nonmarital assets, valuing significant marital assets, and assigning liabilities in any contested case without a stipulation.
• § 61.075(5) — permits an interim partial distribution on a sworn motion showing extraordinary circumstances.
• § 61.075(6)(a)1.b — makes the enhancement in value and appreciation of a nonmarital asset marital when it results from either party’s marital effort or the expenditure of marital funds.
• § 61.075(6)(a)1.c — supplies the coverture-fraction formula for the marital share of passive appreciation where marital funds paid down a mortgage on nonmarital real property.
• § 61.075(6)(a)1.e — makes all vested and nonvested retirement, pension, profit-sharing, annuity, deferred compensation, and insurance benefits accrued during the marriage marital assets.
• § 61.075(6)(a)1.f — sets fair market value as the standard of value for a closely held business and makes enterprise goodwill a marital asset the court must value.
• § 61.075(6)(a)2. — presumes real property held as tenants by the entireties is marital, whenever acquired.
• § 61.075(6)(b) — defines nonmarital assets: premarital property, noninterspousal gifts and inheritances, income from nonmarital assets not treated as marital, and assets excluded by valid written agreement.
• § 61.075(7) — fixes the cut-off date for classification as the earlier of a valid separation agreement or the filing of the petition, while leaving the valuation date to the judge.
• § 61.075(8) — presumes assets acquired and liabilities incurred after the date of marriage are marital, rebuttable by a showing to the contrary.
• § 61.075(9) — permits equitable distribution without regard to alimony, with alimony considered afterward.
• § 61.075(11) — abolishes special equity, which must now be pleaded as unequal distribution or as enhancement in value.
• § 61.076 — governs the distribution of retirement, pension, profit-sharing, annuity, and deferred compensation plans.
• § 61.16 — governs attorney’s and expert fee awards, including forensic accounting costs.
• § 61.08(1)(a) — governs the alimony forms considered after the estate is divided.
• Thompson v. Thompson, 576 So. 2d 267 (Fla. 1991) — the Florida Supreme Court decision on enterprise goodwill in a professional practice.
• Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010) — the Florida Supreme Court decision on the marital share of passive appreciation, now codified at § 61.075(6)(a)1.c.
• § 61.021 — requires 6 months of Florida residency before the petition that fixes the classification cut-off date.
• § 61.052 — supplies the ground — an irretrievably broken marriage — for the dissolution in which the estate is divided.
• § 61.19 — bars entry of the final judgment dividing the estate until at least 20 days after the petition is filed.
• § 61.071 — authorizes temporary support and suit money while valuation and financial discovery proceed.
• § 61.30(2) — supplies the net income definitions applied when a divided asset produces income.
• § 61.14 — equitable distribution is final once entered, while support obligations remain modifiable under this section.
• § 44.102(2)(c) — refers parenting disputes to family mediation, the forum in which most property settlements are also negotiated.

Source: Florida Legislature, 2025 Florida Statutes. Fla. Stat. ch. 61 Fla. Stat. ch. 61

“in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors” — Fla. Stat. § 61.075(1)

“If there is goodwill separate and distinct from the continued presence and reputation of the owner spouse, it is considered enterprise goodwill, which is a marital asset that must be valued by the court.” — Fla. Stat. § 61.075(6)(a)1.f

“The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage.” — Fla. Stat. § 61.075(7)

“The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.” — Fla. Stat. § 61.075(1)(i)

Answers to the Questions the Statute Actually Decides

Does Florida split everything 50/50 under § 61.075(1)?

Not automatically. The statute requires the court to begin from the premise of an equal distribution, then permits an unequal split where the factors in paragraphs (a) through (j) justify it. Nonmarital property is set apart first and is not divided at all.

What date fixes whether an asset is marital under § 61.075(7)?

Classification is fixed at the earliest of a valid separation agreement, a date the agreement expressly sets, or the filing of the petition. Valuation is a separate question — the same subsection lets the judge pick whatever valuation date is just and equitable, and different assets may be valued on different dates.

Is business goodwill divisible in a Florida divorce?

Enterprise goodwill is. § 61.075(6)(a)1.f, added by ch. 2024-237 effective 1 July 2024, makes goodwill that exists separate and distinct from the owner spouse’s continued presence and reputation a marital asset the court must value. The statute uses the term “enterprise goodwill”; the phrase “personal goodwill” appears nowhere in it.

What happens if a spouse wastes or hides marital assets?

§ 61.075(1)(i) makes intentional dissipation, waste, depletion, or destruction of marital assets a statutory factor supporting an unequal distribution, and it reaches conduct within the 2 years before the petition was filed, not just conduct after filing.

Statutory authority checked against the 2025 Florida Statutes on 6 August 2026.

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 Divorce — Practice Area
• Florida Equitable Distribution Explained
• Hidden Assets in a Florida Divorce
• First Divorce Consultation Checklist
• Florida Family Law Glossary — 32+ Plain-English Definitions
• Reporting and dividing retirement accounts in a Florida divorce

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.