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Filing Financial Affidavits In A Fort Lauderdale Divorce

Financial_Affidavit

A financial affidavit is a legal document that provides a detailed accounting to the court of your income, expenses, assets, and liabilities. This form is often used in Broward County Family Court proceedings and helps judges and your legal representatives understand the often complex financial dynamics involved.

While no longer legally required in Florida divorce proceedings, financial affidavits continue to play a key role in negotiating marital property division, spousal support, and other important matters. Our Fort Lauderdale divorce attorney explains more about financial affidavits, what to include in one, and the impact they can have on your case.

Why Financial Affidavits Are Still Important

A financial affidavit is often used in Florida family court cases and details the financial assets and debts of each party involved. While previously required in divorce proceedings, recent changes in the Florida Statutes now make them an option instead.

It is up to individual divorcing couples to determine whether to file financial affidavits with the court as part of their divorce petition or to attempt to negotiate marital property, alimony, and other essential matters without one.

However, while not required, the Florida Courts still encourage the use of financial affidavits and emphasize their key role in divorce proceedings and in providing transparency in financial matters, protecting your interests, and ensuring a reasonable divorce settlement. Ways a financial affidavit could benefit you in your Fort Lauderdale divorce case include:

  • Offers a financial framework for divorce negotiations;
  • Helps avoid hidden assets and ensures equitable division of all marital property;
  • Substantiates your claims for alimony payments and child support;
  • Provides a backdrop and critical evidence if your case goes to court;
  • Promotes fairness in any final divorce-related orders;
  • Provides a point of reference for any future modifications or disputes that arise.

What to Include in a Fort Lauderdale Divorce Financial Affidavit

While financial affidavits are no longer required when getting a divorce in Florida, they are still a valuable tool for ensuring fairness when negotiating a divorce settlement and in any final divorce orders. Information that should be included when filing a financial affidavit through the Broward County Family Court includes:

  • All earned income for each party, including salary, bonuses, investments, and passive income streams;
  • Your total assets, including personal property, money in bank accounts, shares in businesses, and pensions or other retirement benefits;
  • Your total liabilities, including credit card balances, personal loans, mortgages, and other debts;
  • Your average monthly expenses, including housing, utilities, upkeep, food, clothing, childcare, and transportation costs.

Request a Consultation Today With Our Fort Lauderdale Divorce Attorney

Divorce proceedings in Fort Lauderdale require paying careful attention to detail, particularly in regard to financial matters. While filing a financial affidavit is not legally required to get a divorce in Florida, it is a powerful tool in negotiating the best possible settlement and helps protect your rights in making modifications as needed.

To find out more about financial affidavits, contact Fort Lauderdale divorce attorney Sandra Bonfiglio. Request a consultation to discuss the details surrounding your case and how our office can help today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

flcourts.gov/content/download/1236493/file/2023%20AJS%20-%20Family%20-%20Master%20Participant%20Materials%20(10-20-23%20Final).pdf

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