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In concept, a financial affidavit is a simple document. It is a sworn statement of your income, expenses, assets and liabilities. The form for the affidavit is prescribed by the Florida Supreme Court. Both parties must file and serve a financial affidavit in a divorce case.Expenses are the problem.
At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. Equitable distribution. In all other states, assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally.
What Is a Financial Affidavit? A financial affidavit, which has different names in each state, is a statement showing your income, expenses, debts and assets. It allows a court to figure out how much spousal support and child support it should award.
Be wary of well-meaning advice. Track expenses and anticipate future ones. Gather documentation. Prepare for resistance. Refrain from big financial decisions. Be conservative when spending and saving. Know when to get help.
If you lie on this document, you are lying to the court.Depending on how serious your untruth, lying on a financial affidavit could mean that your spouse is awarded a larger portion of the marital assets, something that could negatively impact your financial situation for many years to come.
In all contested (and some uncontested) divorces, the Courts require each spouse to file what's called a Financial Affidavit, a formal document that details the typical financial factors that play a role in every marriage: how much you earn (income), how much you spend (expenses), how much you own (assets), how much
Do not estimate your monthly expenses. Make sure you account for all income. Report assets at their proper fair market value. Make sure all the assets and liabilities are accounted for. Update your financial statement.
The main purpose of a financial affidavit is to provide the court with an explanation of a party's financial circumstances. Without this information, the court would be unable to make financial orders or orders concerning property distribution.
Past history. If you reported your expenses for recent past history, say for six months or a year, those expenses would show what you and your spouse expended together; they will have little relevance to what you need as a separated individual. Future expenses. Interim expenses.