Financial Affidavit Florida Divorce: 12.902(b)/(c) Guide (2026)
Florida divorce financial affidavit guide: Form 12.902(b) short vs 12.902(c) long form, the 45-day rule, and when you can waive it with Form 12.902(k).
A financial affidavit is required in nearly every Florida divorce. Under Florida Statute 61.052 and Family Law Rule 12.285, each spouse must file a sworn Family Law Financial Affidavit — Form 12.902(b) (short form, under $50,000 gross annual income) or Form 12.902(c) (long form, $50,000 or more) — generally within 45 days of service. In an uncontested case, both spouses may instead jointly waive filing it using Form 12.902(k).
This is one of the most misunderstood documents in a Florida dissolution. People assume it is optional paperwork, or they fill it out carelessly because the divorce is friendly. But the financial affidavit is a sworn statement signed under penalty of perjury, and it is the financial backbone of equitable distribution, child support, and any alimony decision. Our firm prepares uncontested Florida divorces — including the financial affidavit or the joint waiver — for a flat $750 attorney fee, the same price in all 67 Florida counties (court costs of roughly $408 to $410 and notary fees are separate).
What Is a Financial Affidavit in a Florida Divorce?
A Florida divorce financial affidavit is a sworn, notarized form that discloses your income, expenses, assets, and liabilities. It is filed using a standardized Florida Supreme Court Approved Family Law Form and is governed by Florida Family Law Rule of Procedure 12.285, the mandatory disclosure rule.
The affidavit exists so the court and both spouses have an accurate, honest picture of each party's finances. Florida divides marital property by equitable distribution under F.S. 61.075 — fairly, though not always 50/50 — and the affidavit is the document the court relies on to determine what is fair. It also drives child support under the F.S. 61.30 guidelines and any alimony analysis under F.S. 61.08.
Because it is signed under penalty of perjury, the financial affidavit is not a place to round, guess, or omit. Hiding an account or understating income can unravel a final judgment years later and expose you to sanctions. In our experience preparing uncontested cases since 2006, the affidavit is where a "simple" divorce most often goes sideways — usually from carelessness, not dishonesty.
Who Has to File a Financial Affidavit in Florida?
Under Florida Family Law Rule 12.285, both parties to a dissolution of marriage must serve a financial affidavit. This applies whether your case is contested or uncontested, and whether or not you have minor children. The rule is mandatory — it is not something a judge typically excuses on request.
There are two important exceptions where you do not file the standard affidavit:
- Simplified dissolution under F.S. 61.052(2) (Form 12.901(a)). In a simplified dissolution, the parties exchange financial information but are not required to file the full mandatory-disclosure package the same way. Both spouses must still appear at the final hearing.
- Joint waiver using Form 12.902(k). In a regular uncontested case, both spouses can agree in writing to waive filing the financial affidavits. More on this below.
Even when you waive filing, you should still complete an affidavit for your own records and to build an accurate Marital Settlement Agreement. You cannot fairly divide property and debts you have not actually listed.
Short Form vs. Long Form: 12.902(b) vs. 12.902(c)
Florida uses an income threshold to decide which version of the financial affidavit you file. The dividing line is $50,000 in gross annual income.
- Form 12.902(b) — the short form — is used when your individual gross annual income is under $50,000.
- Form 12.902(c) — the long form — is used when your individual gross annual income is $50,000 or more.
The long form asks for substantially more detail, including a fuller breakdown of monthly expenses and a more granular schedule of assets and liabilities. The threshold is based on your own income, not household income, so it is common for one spouse to file the short form (12.902(b)) while the other files the long form (12.902(c)).
If your income is near the line, or if your finances are complex (self-employment, rental income, multiple accounts, a business interest), the long form is the safer choice. A court can also order the long form regardless of income if the financial picture warrants it.
Form Comparison: Short Form vs. Long Form
| Feature | Form 12.902(b) (Short) | Form 12.902(c) (Long) |
|---|---|---|
| Income threshold | Under $50,000 gross/year | $50,000 or more gross/year |
| Detail level | Streamlined | Comprehensive |
| Monthly expense schedule | Condensed categories | Itemized categories |
| Assets/liabilities | Summary | Detailed schedules |
| Best for | W-2 wage earners, simple finances | Higher earners, self-employed, complex assets |
| Source | flcourts.gov | flcourts.gov |
Both forms are available as fillable PDFs on the Florida Courts self-help forms library at flcourts.gov, and both must be signed under penalty of perjury before a notary or other authorized officer.
What Information Goes on the Financial Affidavit?
The affidavit is organized into four core sections. Accuracy in each one matters because the numbers carry directly into your child support worksheet, your equitable-distribution schedule, and any alimony discussion.
- Income: All sources of income — wages, salary, bonuses, commissions, self-employment, rental income, dividends, Social Security, disability, and any recurring support. You report gross figures and then allowable deductions to reach net income.
- Expenses: Monthly living expenses, broken into categories such as housing, utilities, food, transportation, insurance, and child-related costs. The long form (12.902(c)) itemizes these more finely.
- Assets: Everything you own — bank and investment accounts, retirement accounts, real estate, vehicles, business interests, and personal property of value. You must identify whether each is marital or non-marital under F.S. 61.075.
- Liabilities: Everything you owe — mortgages, car loans, credit cards, student loans, tax debt, and personal loans. As with assets, you indicate marital versus non-marital.
Under F.S. 61.075(1)(f), the court can consider whether a spouse intentionally dissipated marital assets — for example, running up debt or draining a retirement account once the marriage broke down. An honest, complete affidavit protects you from accusations of hiding or wasting assets. For a deeper look at how assets and debts get split, see our guide to property division in an uncontested Florida divorce.
How the 45-Day Mandatory Disclosure Rule Works
Florida Family Law Rule 12.285 sets the timeline. Each party must serve a financial affidavit and the rest of the mandatory disclosure on the other party within 45 days of service of the initial petition. This is the mandatory disclosure florida divorce rule that catches many self-represented filers off guard.
Mandatory disclosure is broader than the affidavit alone. In a standard dissolution it also includes documents such as recent tax returns, pay stubs, bank statements, and retirement account statements. The full list is in Rule 12.285. The point is transparency: each spouse should be working from the same accurate financial picture before signing a settlement.
In an uncontested case, the 45-day pressure usually eases because the spouses are cooperating and exchanging information voluntarily. Even so, the affidavit (or a valid waiver) still has to be in the court file before the judge will enter a final judgment. Our firm tracks these deadlines for you so nothing stalls your case at the clerk's office.
Can You Waive the Financial Affidavit? Form 12.902(k)
Yes — in a regular uncontested divorce, both spouses can agree to waive filing their financial affidavits. You do this by filing Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits, authorized under Florida Family Law Rule 12.285.
There are limits. The waiver applies to filing the affidavits with the court; it does not erase the need to actually understand each other's finances. You still need accurate financial information to build a complete Marital Settlement Agreement and, if you have children, an accurate child support worksheet. Courts will not approve a child support amount that ignores the F.S. 61.30 guidelines, so the underlying numbers still have to be right.
When is the waiver a good fit? Typically when both spouses already have a clear, agreed financial picture, there is no alimony in dispute, and child support (if any) is calculated correctly. When one spouse is unsure of the other's full finances, or when assets are significant, filing the affidavits is the safer route. We help clients decide which path fits their facts.
Affidavit vs. Waiver at a Glance
| Consideration | File the Affidavit (12.902(b)/(c)) | Waive with 12.902(k) |
|---|---|---|
| Best when | Finances unclear, assets significant, alimony involved | Finances fully known and agreed |
| Both spouses must agree | Not required | Required (joint, verified) |
| Child support cases | Numbers still drive 61.30 worksheet | Numbers still drive 61.30 worksheet |
| Court file requirement | Affidavit in file | Signed waiver in file |
| Risk if finances hidden | Lower (sworn disclosure) | Higher (no sworn schedule filed) |
How to File an Uncontested Divorce in Florida (Step by Step)
Here is the sequence for a Florida uncontested dissolution, with the financial affidavit in its proper place in the process.
For a closer walkthrough of the filing mechanics, see our guide on how to file an uncontested divorce in Florida, and for the settlement document itself, our Florida Marital Settlement Agreement guide.
Forms You Need for a Florida Uncontested Divorce
These are the core Florida Supreme Court Approved Family Law Forms. All are available as fillable PDFs at flcourts.gov, and all are e-filed through myflcourtaccess.com.
| Form Number | Name | Purpose |
|---|---|---|
| 12.901(a) | Petition for Simplified Dissolution of Marriage | Starts a simplified dissolution (no children, no alimony, both appear) |
| 12.901(b)(1) | Petition for Dissolution (Property, No Dependent or Minor Children) | Starts a regular uncontested case without minor children |
| 12.901(b)(2) | Petition for Dissolution (With Dependent or Minor Children) | Starts a regular uncontested case with children |
| 12.902(b) | Family Law Financial Affidavit (Short Form) | Income disclosure when gross income is under $50,000 |
| 12.902(c) | Family Law Financial Affidavit (Long Form) | Income disclosure when gross income is $50,000 or more |
| 12.902(f)(3) | Marital Settlement Agreement | Sets out property, debts, time-sharing, child support, alimony |
| 12.902(k) | Notice of Joint Verified Waiver of Filing Financial Affidavits | Waives filing the affidavits when both spouses agree |
Common Financial Affidavit Mistakes That Delay a Divorce
Most uncontested-divorce delays trace back to a handful of avoidable affidavit errors:
- Using the wrong form. Filing the short form (12.902(b)) when your income is $50,000 or more triggers a clerk rejection or a judge's request for the long form (12.902(c)).
- Leaving the math inconsistent. If your stated income and expenses do not square with your child support worksheet, the court will flag it.
- Forgetting to notarize. The affidavit must be signed under penalty of perjury before a notary. An unsigned or un-notarized affidavit is not valid.
- Omitting accounts or debts. Even small, forgotten accounts can require an amended affidavit and reset your timeline.
- Mislabeling marital vs. non-marital. Under F.S. 61.075, this distinction drives the entire division; getting it wrong invites a challenge.
This is precisely the value of attorney-prepared documents. A licensed Florida attorney prepares and reviews your affidavit, confirms the correct form, checks the numbers against your settlement and child support worksheet, and makes sure the package is complete before it reaches the clerk. Non-lawyer document-preparation or typing services cannot give legal advice or catch substantive errors — they simply enter what you tell them. For more on that distinction, see do you need a lawyer for an uncontested divorce in Florida.
How Much Does an Uncontested Divorce Cost in Florida?
Our firm prepares an uncontested Florida divorce — including the financial affidavit or the joint waiver, the petition, the Marital Settlement Agreement, and any parenting plan — for a flat $750 attorney fee. That price is the same in all 67 Florida counties.
Separate from our attorney fee, you pay:
- The county filing fee, typically about $408 to $410 (set by each county clerk).
- Notary fees for sworn documents.
- Optional add-ons such as a process server ($40 to $75) if the other spouse must be formally served.
Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk. Be cautious of advertised "online divorce" prices that quote only a low form-typing fee and leave out court costs, or that are not prepared by a licensed attorney. We disclose the full cost up front: a flat, transparent $750 attorney fee, with court costs stated separately.
When an Uncontested Divorce Is the Right Fit
An uncontested divorce — and our flat fee — fits when both spouses genuinely agree on all issues: property division, debts, time-sharing, child support, and alimony. If you disagree on even one of these, the case is contested and the flat fee does not apply. For the full comparison, see our guide on uncontested vs. contested divorce in Florida.
Uncontested does not mean simple-by-default. Cases with significant retirement accounts, a closely held business, or complicated debt still benefit from careful financial disclosure — which is exactly why the affidavit matters. We will tell you honestly whether your case qualifies as uncontested or whether it needs a different approach.
Frequently Asked Questions
See the FAQ entries below for detailed answers to the most common financial affidavit questions.
This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.
Related Topics
Ready to Get Started?
If you and your spouse agree, here's how we can help:
Uncontested Divorce
$750Full representation to judgment — with or without minor children
Attorney-prepared and reviewed before filing. Court filing fee and remote notary not included.
Not sure if you qualify?
Victoria can talk through your situation and let you know if an uncontested divorce is a fit.
About the Author
Antonio G. Jimenez, Esq.
Florida Bar #21022 · Practicing Since 2006 · LL.M. Trial Advocacy
Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
Have questions? Ask Victoria AIFrequently Asked Questions
What is a financial affidavit in a Florida divorce?
A financial affidavit is a sworn, notarized Florida Supreme Court Approved Family Law Form that discloses your income, expenses, assets, and liabilities. Under Florida Family Law Rule 12.285, both spouses must serve one in a dissolution of marriage. You file Form 12.902(b) (short form) if your gross annual income is under $50,000, or Form 12.902(c) (long form) if it is $50,000 or more. Because it is signed under penalty of perjury, the affidavit must be accurate and complete — it is the financial foundation the court uses for equitable distribution under F.S. 61.075, child support under F.S. 61.30, and any alimony decision under F.S. 61.08.
What is the difference between Form 12.902(b) and Form 12.902(c)?
The difference is income and level of detail. Form 12.902(b) is the short form, used when your individual gross annual income is under $50,000. Form 12.902(c) is the long form, used when your gross annual income is $50,000 or more. The long form requires a far more detailed breakdown of monthly expenses and a granular schedule of assets and liabilities. The threshold is based on your own income, not household income, so spouses commonly file different versions. If your income is near $50,000 or your finances are complex — self-employment, rental income, a business interest — the long form is the safer choice, and a court can require it regardless of income. Both are available at flcourts.gov.
When is the financial affidavit due in a Florida divorce?
Under Florida Family Law Rule 12.285, each party must serve a financial affidavit and the rest of the mandatory disclosure within 45 days of service of the initial petition. Mandatory disclosure also includes documents like recent tax returns, pay stubs, bank statements, and retirement account statements. In an uncontested case the 45-day pressure usually eases because both spouses are cooperating and exchanging information voluntarily, but the affidavit — or a valid joint waiver — still has to be in the court file before a judge will enter the Final Judgment of Dissolution. Our firm tracks these deadlines so your case does not stall at the clerk's office.
Can we waive the financial affidavit in an uncontested divorce?
Yes. In a regular uncontested divorce, both spouses can agree to waive filing their financial affidavits by filing Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits, authorized under Florida Family Law Rule 12.285. The waiver only excuses filing the affidavits with the court — it does not erase the need to actually understand each other's finances. You still need accurate numbers to build a complete Marital Settlement Agreement and, if you have children, a correct child support worksheet under F.S. 61.30. The waiver works best when both spouses already have a clear, agreed financial picture. When finances are unclear or assets are significant, filing the affidavits is the safer route.
How much does an uncontested divorce cost in Florida, and is the financial affidavit included?
Our firm prepares an uncontested Florida divorce for a flat $750 attorney fee, the same price in all 67 Florida counties, and that fee includes preparing your financial affidavit (Form 12.902(b) or 12.902(c)) or the joint waiver (Form 12.902(k)). Court costs and notary are separate: the county filing fee is typically about $408 to $410, plus notary fees and an optional process server ($40 to $75) if the other spouse must be served. Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk. We disclose the full cost up front rather than quoting a low form-typing fee that hides court costs.
Do both spouses have to file a financial affidavit in Florida?
Generally, yes. Florida Family Law Rule 12.285 requires both parties to a dissolution of marriage to serve a financial affidavit, whether the case is contested or uncontested. There are two exceptions. In a simplified dissolution under F.S. 61.052(2) (Form 12.901(a)), the parties exchange financial information but are not required to file the full standard package the same way, and both spouses must appear at the final hearing. In a regular uncontested case, both spouses can jointly waive filing the affidavits using Form 12.902(k). Even when you waive filing, you should still complete an affidavit for your own records, because you cannot fairly divide property and debts you have not actually listed.
What happens if I leave something off my financial affidavit?
Because the financial affidavit is signed under penalty of perjury, omitting an account, debt, or income source is serious. An honest mistake usually requires filing an amended affidavit, which can reset your timeline and delay the final hearing. A deliberate omission is far worse: hiding or understating assets can unravel a Final Judgment years later and expose you to sanctions. Under F.S. 61.075(1)(f), the court can also consider whether a spouse intentionally dissipated marital assets, such as draining a retirement account once the marriage broke down. The safest approach is a complete, accurate affidavit. Attorney review catches these problems before the package reaches the clerk, which is part of what our flat-fee preparation provides.
Does the financial affidavit affect child support in Florida?
Yes, directly. Florida calculates child support using the guidelines in F.S. 61.30, and those guidelines run on each parent's net income — exactly the figures disclosed on the financial affidavit. If your stated income or allowable deductions are inaccurate, your child support number will be wrong, and the court will not approve a guideline amount that ignores the real figures. This is true even when both spouses waive filing the affidavits using Form 12.902(k): the underlying numbers still have to be correct to build a valid child support worksheet. For families with children, getting the affidavit right is what makes the rest of the uncontested process go smoothly. See our guide on child support in an uncontested Florida divorce for more detail.
Is an online or DIY financial affidavit safe to use in Florida?
You can complete the affidavit yourself, but understand the limits. Non-lawyer document-preparation or typing services and generic online tools simply enter what you tell them — they cannot give legal advice, confirm you are using the right form (12.902(b) vs. 12.902(c)), check whether assets are marital or non-marital under F.S. 61.075, or verify your numbers match your child support worksheet. Those substantive checks are where uncontested cases most often go wrong. A licensed Florida attorney prepares and reviews the affidavit, confirms the correct path, and makes sure the package is complete before filing. Our firm handles all of this within the flat $750 attorney fee, which is full attorney representation rather than form-typing.
Still Have Questions?
Every situation is different. Chat with Victoria AI to get personalized guidance based on your specific circumstances.
Ask Victoria AIRelated Articles
More from our Uncontested Divorce series
Uncontested Divorce Florida Cost 2026: Timeline and How to Qualify
Uncontested divorce in Florida costs $995 with Divorce.law. Learn the 2026 timeline, requirements, and step-by-step process to finalize in 2 weeks or less.
14 min readUncontested DivorceUncontested Divorce in Florida: $750 Flat-Fee Guide (2026)
Uncontested divorce in Florida explained: requirements, forms, costs, and timeline. Our firm prepares your case for a $750 flat attorney fee. 2026 guide.
14 min readUncontested DivorceOnline Divorce in Florida: How It Works & $750 Flat Fee (2026)
Online divorce in Florida explained: how to file via the e-filing portal, simplified vs. uncontested dissolution, and a $750 flat attorney fee (court costs separate).
16 min readUncontested DivorceUncontested Divorce Cost in Florida: $750 Flat Fee (2026)
Uncontested divorce cost in Florida: a $750 flat attorney fee plus ~$408-$410 county filing fees. See total costs, forms, and how to save in 2026.
14 min readUncontested DivorceHow Long Does an Uncontested Divorce Take in Florida? (2026)
How long does an uncontested divorce take in Florida? Typically 4-12 weeks, with a 20-day minimum under F.S. 61.19. $750 flat fee guide.
13 min read