Can You Challenge Your Ex’s Financial Affidavit After Your Florida Divorce is Final?

In a contested Florida divorce case, both parties typically need to prepare and file a financial affidavit. This is a legal form that discloses each spouse’s income, average monthly expenses, assets, and liabilities. These financial affidavits, in turn, are used to help resolve issues such as equitable division of marital property, alimony, and child support obligations.

It is not uncommon for one spouse to challenge the completeness or accuracy of the other spouse’s financial affidavit. Parties can and do attempt to hide income or assets. But it is important to make any objections or concerns known upfront, because once the divorce becomes final, it is difficult, if not impossible, to modify the judgment based on such alleged inaccuracies.

Appeals Court Quashes Ex-Wife’s Request for Redo of Divorce Hearing

A recent decision from the Florida Third District Court of Appeals, Paniry v. Paniry, is a case in point. In this case, a former husband and wife reached a marital settlement agreement (MSA) as part of their divorce. A Florida court incorporated that MSA into a final judgment issued in September 2023. Seven months later, however, the former wife asked the court to vacate the judgment based on alleged “fraudulent representations” in the former husband’s financial affidavit.

Even before the divorce became final, the former wife told the trial court that the former husband’s financial affidavit “didn’t even provide his correct salary amount,” and that she considered that a “deal breaker.” Nevertheless, she did not initially ask for a rehearing on the final divorce order or file a direct appeal. Instead, she waited to file a new motion to vacate.

The trial court agreed to allow the former wife to conduct limited discovery, specifically requiring the former husband to provide updated financial information. On appeal, the Third District reversed that order, holding the former wife had no legal basis to conduct any sort of discovery. From the appeals court’s viewpoint, the former wife already knew her former husband’s financial information was false yet “she entered into a settlement agreement that necessarily relied on that allegedly false information.” In other words, she accepted the MSA and final judgment despite her concerns. She could not now demand a new hearing on the basis she was misled.

Indeed, the Third District emphasized that while a court may vacate a final divorce judgment on the basis of “fraud,” such fraud requires proof that the defrauded party relied on false statements.

Contact a Port St. Lucie Financial Affidavit Attorney

Preparing a financial affidavit is not a difficult procedure. But it is a necessary part of the process of resolving a pending divorce. Whether the case is ultimately settled or decided by trial, everyone involved needs to have access to truthful and accurate financial information with respect to both sides. And any errors or alleged misstatements need to be promptly addressed and corrected.

If you are involved in a divorce case and need legal assistance from a qualified Port St. Lucie financial affidavit lawyer, contact Baginski Brandt & Brandt today at 772-466-0707 to schedule a confidential consultation.

Source:

scholar.google.com/scholar_case?case=15595762655121399359