Is Financial Disclosure Mandatory in Divorce Cases?
Divorce can feel like someone has tipped your world on its side, yet the numbers on a spreadsheet still matter. Judges cannot split property, set child support, or decide spousal maintenance without clear figures.
At Jackman Law Firm, we have handled family law matters across Washington, and we often see a single question at the start of a case: “Do I really have to open every bank account to the court?” We wrote this article to answer that question, break down the rules, and show you how to protect both your rights and your privacy.
The Requirement for Financial Disclosures
Washington courts treat financial transparency as non-negotiable. The state’s civil rules and local court rules require both spouses to swap detailed money information early in the process, and those rules apply whether your case ends in settlement or trial. Let’s look at the building blocks of this requirement.
What is a Financial Declaration?
A Financial Declaration, Form FL All Family 131, is a sworn statement that lists income, expenses, assets, and debts. You sign under penalty of perjury, so any exaggeration can come back to haunt you. Judges rely on this form when deciding how to divide property, set child support, and decide whether someone should pay or receive spousal maintenance.
When is Financial Disclosure Required?
Most counties direct each spouse to serve a Financial Declaration and supporting records within a few weeks of filing the Petition for Dissolution. You also need an updated declaration any time you ask the court for temporary orders, and again when you head to trial or settlement conferences. Skipping the form, even once, can stall your case or lead to sanctions.
What Documents Must Be Disclosed?
The court wants paperwork, not guesses, to confirm the numbers in your declaration. Below are the items commonly requested:
- Tax returns for the past two years
- Six months of pay stubs or benefit statements
- Bank and credit-union statements for all accounts
- Statements for retirement, brokerage, and cryptocurrency wallets
- Titles or deeds for real estate and vehicles
Washington follows community property rules, meaning assets earned while married belong to both spouses, even if only one person’s name appears on the account. Separate property, such as an inheritance kept fully apart, may stay with the original owner but you still must disclose it so the judge can confirm the status.
Consequences of Failing to Disclose Assets
Trying to hide property is a gamble that rarely pays off. Courts have several tools to correct incomplete or dishonest filings, and the fallout can be expensive.
Legal Ramifications
If a spouse ignores disclosure deadlines, the judge may impose fines, restrict the right to present evidence, or find that spouse in contempt. In extreme cases, hidden assets discovered later can reopen the case and saddle the non-disclosing party with the other side’s attorney fees.
Impact on Property Division
Washington law focuses on fair and equitable distribution. When one party plays hide-and-seek with money, judges can award a larger share of the marital estate to the honest spouse. That means the person who tried to conceal cash may lose more than the amount originally hidden.
Spousal Maintenance and Child Support
Income drives support calculations. Underreporting wages or shielding investments skews those numbers and can shortchange children or the lower-earning spouse. Once the deception surfaces, support can be recalculated back to the original filing date, creating a mountain of overdue payments plus interest.
How to Make an Accurate Financial Disclosure
Honest, organized paperwork speeds your case and keeps the court’s trust. Follow the steps below to stay on the right track.
Gathering Financial Documents
Start by pulling records before emotions run high. Create a folder, digital or paper, that holds:
- Two years of tax returns and W-2s
- Recent pay stubs or profit-and-loss statements if you own a business
- Year-to-date bank, credit-card, and investment statements
- Mortgage, auto loan, and student loan balances
Jot down account numbers, balances, and ownership status so you can plug the data into your declaration without hunting for it twice.
Completing the Financial Declaration Form
The form looks intimidating, yet it follows a logical flow: income, deductions, household costs, then debts. Be sure to list gross income first and net income after taxes. If any line does not apply, write “0” instead of leaving it blank. Questions about a certain line? A short call with a family law attorney can save you headaches later.
Seeking Legal Counsel
An experienced attorney can spot gaps in your disclosure, flag separate property issues, and request missing records from your spouse through formal discovery. This help can be vital if your marital estate includes stock options, business interests, or restricted shares that lack an obvious dollar value.
Protecting Your Privacy During Financial Disclosure
Sharing personal money details with the court does not mean opening them to the entire world. Washington offers safeguards so you can comply with the rules without inviting identity theft.
Using a Sealed Cover Sheet
You may file bank statements, tax returns, and similar source documents under a Sealed Cover Sheet (All Civil 040). This keeps the material out of public view while still giving copies to the judge and the other party. Remember to label the envelope or digital file clearly so the clerk knows where it belongs.
Redacting Information
Before filing, black out Social Security numbers, full account numbers, and minor children’s names. Leave the last four digits and initials so the court can track which account is which. Do not redact balances, dates, or other data the judge needs to read.
Facing a Divorce in Washington? Contact Jackman Law Firm Today.
Since 2014, Jackman Law Firm has helped clients present clear, honest financial pictures while safeguarding their privacy. We support shared parenting goals, fair property splits, and balanced support orders. If you would like guidance on your own disclosure or suspect your spouse is hiding money, call us at 206-558-5555 or reach us through our Contact Us page. A short conversation can set you on a path toward a smoother divorce and a sound financial future.
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Article by
Chris Jackman