Because divorce is an intensely emotional process, strong feelings may impede your ability at first, to see the big picture and the complex nature of the process. To protect yourself, it’s vital to have the right information ready before and during the divorce process.
Here, we review critical financial documents you will need to collect or prepare to comply with the requirements of Florida Family Law Rules. The more familiar you are with these documents and your overall financial picture, the better prepared you will be to emerge from the divorce process ready to move forward.
What Income and Employment Documents Should You Gather?
Income information plays a key role in establishing child support and alimony, but even if these factors are not addressed in your divorce, it helps to use that information to plan how you will manage expenses during and after the divorce. Moreover, Florida Family Law Rule 12.285 requires certain income documentation to be produced during divorce proceedings, so it makes sense to collect and organize these documents as soon as possible.
You will need:
- Pay stubs dating back at least six months. If you don’t receive pay stubs, other evidence of earned income can be used.
- Tax returns from at least the past three years with all attachments, schedules, and worksheets. In particular, it is important to ensure that W-2 forms, 1099 forms, and K-1 schedules are included.
- If you don’t yet have your tax return completed for the previous year, at least gather your W-2, 1099s, and any K-1s for that year.
- If you have self-employment income or own a closely held business, include income records from those enterprises.
- If you receive income from a pension, bonuses, commissions, or other sources, include records of this income.
The rules establishing documentation requirements were updated as of October 1, 2026, so any information dated before that time could be inaccurate.
What Bank Account and Investment Records Do You Need?
You will need records of assets held in bank and investment accounts, including statements showing the status of:
- Checking and savings accounts
- CDs and money market accounts
- Investment and brokerage accounts
- Stocks, bonds, or other funds not already included
- Cryptocurrency or other accounts with monetary value
The statements should reflect the most recent account balances and ownership, but you should also have statement records going back 12 months. Although separate assets are usually not divided in a divorce, they should be disclosed, so gather information about all assets regardless of whether they are owned jointly or separately.
What Real Estate Records Should Be Gathered?
Collect and organize real estate records. This includes deeds that show ownership and mortgage statements and home equity loan statements that reveal the debt associated with the property. In addition, gather property tax assessments and any appraisals that have been completed. If the real estate is rented, then you should include income records and property leases.
What About Assets in Retirement Accounts and Insurance Policies?
Even if you have no plans to touch money in a retirement account or insurance policy, these are still assets that need to be considered and likely divided during the divorce process. You should gather records regarding:
- Life insurance policies (including statements of the cash surrender value)
- Statements from traditional and Roth IRA accounts
- Statements from 401(k) and similar plans
- Pension benefit statements
- Records of any stock options or deferred compensation
Although health insurance policies are not generally considered an asset, they play a key role in financial planning, particularly when children are involved, so it’s important to gather information on these policies as well, including coverage information and premium amounts.
What Records Do You Need Regarding Expenses and Debts?
The divorce process involves classifying and allocating debts and assets, so you need records of all liabilities. In addition to the mortgage and insurance information discussed above, you should collect information about credit card debts, vehicle loans, student loans, and medical bills. It is also helpful to create a list of monthly household expenses, including utilities, insurance, and childcare costs.
What is a Florida Financial Affidavit?
All the information you’ve gathered will be used to prepare your Florida Family Law Financial Affidavit, which each spouse is required to provide as part of the divorce process. The law requires this information so all parties involved in the divorce, including the judge, have a complete picture of the divorcing couple’s finances. Information provided in this financial disclosure document must be sworn to be accurate.
Florida law provides two versions of the affidavit, depending on the spouse’s annual income. The required financial disclosure must usually be made within 45 days of the divorce petition being served on the responding spouse, so act quickly to ensure the information is gathered and presented accurately and completely.
FAQs About Financial Documents Necessary for Divorce in Florida
Do both spouses have to provide financial documents in a Florida divorce?
In most cases, yes, both spouses will be expected to exchange applicable financial information.
What happens if my spouse refuses to provide financial documents?
If your spouse refuses to comply with the financial disclosure requirements, your attorney can take action through the court to compel disclosure. If your spouse still refuses to cooperate, the court can impose sanctions.
How many years of tax returns do I need for a Florida divorce?
You should be prepared with at least three years of tax returns and supporting schedules. If you haven’t completed returns for the past year or two, gather income documents such as W-2s for those years.
Leap Frog Divorce Can Help You Prepare Your Financial Affidavit and Work to Protect Your Financial Interests Throughout the Divorce Process
Divorce is extremely complicated financially, and it forces people to deal with complex monetary matters at a time when their minds are consumed with worry and emotional turmoil. Having the right divorce attorney at this demanding time can make all the difference for your emotional and financial well-being.
At Leap Frog Divorce, we can help you manage all the financial details and show you how they fit most productively into the big picture for your future. We respect and support you through the divorce process, but we don’t let emotions overshadow the practical issues that need to be resolved to your best advantage.
For a confidential consultation to get the answers you need or to find out more about what the process could look like in your situation, contact us online or call our team at 407-890-7297.
