How to Fill Out an Illinois Financial Affidavit in a Divorce

Why the financial affidavit drives support and property

If you are learning how to fill out a financial affidavit for an Illinois divorce, start with why it matters. The Financial Affidavit (Family and Divorce Cases) is a standardized statewide form approved by the Illinois Supreme Court. It gives your spouse and the judge one sworn picture of your finances. Judges rely on it when deciding:

• Child support under 750 ILCS 5/505, which uses both parents' incomes.
• Maintenance under 750 ILCS 5/504.
• Division of property and debts under 750 ILCS 5/503.
• Requests for attorney fees, including interim fees while the case is pending.

The statewide instructions say that if you ask for temporary child support, temporary maintenance or interim attorney fees, your Financial Affidavit is due at the same time, and they list 750 ILCS 5/501 as the law covering the form. See our guide to the motion for temporary relief in Illinois.

For a financial affidavit in Cook County, local Rule 13.3.1 requires each party to serve a completed Financial Affidavit in pre-judgment cases seeking division of the marital estate, maintenance, child support, educational expenses for a child, support for a non-minor child with a disability, or attorney fees. Post-decree cases seeking to set, change or enforce support or fees require an exchange too, unless a party files a written objection and shows good cause.

The overnights you list for the children also matter. Under Public Act 104-0733, starting January 1, 2027, the shared physical care threshold for child support drops from 146 to 110 overnights per year for each parent. The 146-overnight rule still applies through December 31, 2026. See our post on the 2026 to 2027 child support transition.

Income, expenses, assets and debts sections

The current Illinois Financial Affidavit form, available on the Illinois courts' divorce, child support and maintenance forms page, walks through these parts:

1. Basic information. Whether you are the petitioner or respondent, the date your information is accurate as of, and a checklist of the documents you attached.
2. Information about yourself.
3. Employment and business. Each job, how often you are paid, your year-to-date gross pay and any business you own.
4. Last year's gross income and taxes.
5. Monthly gross income from all sources.
6. Monthly payroll deductions.
7. Maintenance you pay, with a copy of the order and proof of payment.
8. Child support you pay, with the order and proof of payment.
9. Monthly living expenses for your household, from rent or mortgage to utilities, food, transportation and the children's costs.
10. Debts, not counting payments already listed as monthly expenses.
11. Assets, including bank accounts, investments, real estate, business interests, vehicles, valuable personal property, insurance and retirement accounts.
12. Lawsuits and claims, such as workers' compensation or disability claims.
13. Tax refunds or amounts owed for the last two years.

The instructions give practical rules:

• Answer every question. Write "none," "not applicable" or a short explanation instead of leaving a blank.
• Do not list the same income, expense, asset or debt in more than one section.
• Convert pay to a monthly figure. For weekly pay, multiply one check by 52 and divide by 12. For pay every two weeks, multiply by 26 and divide by 12. For pay twice a month, multiply by 24 and divide by 12.
• For expenses that come once or twice a year, total the yearly amount and divide by 12.
• List fair market value, which is generally the price an unrelated buyer and seller would agree on. Recent sales or an appraisal can support your figure.

You sign the form under 735 ILCS 5/1-109, which means you certify that it is true and correct. If sharing your address would put you or your household at risk, the form lets you use an alternative address.

Supporting documents to attach

The statewide form says you must attach these documents if you have them or can get them:

• Pay stubs or other proof of income.
• Income tax returns, including W-2s, 1099s, K-1s and all schedules.
• Bank statements.
• Other documents that verify the debts and assets you list, such as mortgage, loan, credit card, retirement and investment statements.

Cook County Rule 13.3.2 is more specific. With the Financial Affidavit, each party must serve:

• Filed federal and state income tax returns for the last two calendar years, including individual, partnership and corporate returns.
• The most recent pay stub showing year-to-date earnings and deductions, or the five most recent stubs if year-to-date figures are not shown.
• Records of any year-to-date income or compensation, paid or deferred, that does not appear on the pay stubs.
• If last year's returns are not filed yet, the last filed returns plus the W-2s, 1099s and K-1s needed to prepare last year's returns.

Before you send anything, cover Social Security numbers, taxpayer identification numbers, driver's license numbers, and full account and card numbers. Illinois Supreme Court Rule 138 allows only the last four digits in court filings.

Self-employed and variable income

If you are self-employed or have other business income, the form asks you to check that box and attach complete federal and state business tax returns for the most recent tax year. If you have more than one job or business, use the additional employment and business form for each one. The form also has a box for people who are paid in cash, and cash income must be reported.

Variable income needs careful, honest numbers:

• Bonuses, commissions and overtime: list them and keep the records that show how much you received and when.
• Seasonal or uneven income: explain how you reached your monthly figure so the judge can follow it.
• Business expenses: keep your figures consistent with your tax returns, bank statements and business records.

Expect the other side to test business numbers in discovery through subpoenas, document requests and depositions. Our pages on discovery in divorce, the motion to compel discovery and divorce for small business owners explain what to expect.

When it is due and how to serve it

In Cook County, Rule 13.3.1 sets the timing in pre-judgment cases:

• The petitioner serves the Financial Affidavit within 30 days after serving the petition.
• The respondent serves it within 30 days after filing an appearance.
• Either way, it is due at least seven business days before a hearing, if that comes first.

Send it to the other party, or to their lawyer if they have one. Do not file the Financial Affidavit with the Clerk unless the court orders it. Instead, file a Certificate of Service that describes the proof of income documents you served. You must also serve your Financial Affidavit before you start formal discovery. A party who misses the deadline can face sanctions, including those under Supreme Court Rule 219, and a responding party who has not complied cannot use that as a reason to delay the hearing.

The statewide form is required in every Illinois circuit court, including DuPage, Will and Lake Counties, because 750 ILCS 5/501 calls for one financial affidavit form statewide. Outside Cook County, the statewide instructions say it is due by any deadline in the local court rules or set by the judge. Check your county's local rules and your court orders. A trial order may also require each party to tender a current Financial Affidavit by a set date. Our article on the case management conference explains how these deadlines fit the early part of a case.

Errors, updates and perjury risk

Lying on a financial affidavit in Illinois is serious. The signature line explains that making a false statement on the form is perjury. The form also warns that entering inaccurate or misleading information intentionally or recklessly can lead to significant penalties and sanctions, including costs and attorney fees. Beyond those penalties, a judge who catches one wrong number may doubt the rest of your testimony.

Mistakes happen, and the fix is straightforward. The statewide instructions say to fill out and provide a corrected Financial Affidavit if you find a mistake or your information changes. In Cook County, if you are asking the court for more relief after a material change in circumstances, you must serve an updated Financial Affidavit at least seven days before the hearing.

Leaving out an account or moving money to hide it can create bigger problems. Spending marital money for purposes unrelated to the marriage while the marriage is breaking down can be raised as dissipation; see our article on dissipation of marital assets.

How Chicago Family Attorneys can help

Chicago Family Attorneys helps clients in Cook, DuPage, Will and Lake Counties with the financial side of divorce. The firm can:

• Prepare or review your Financial Affidavit and the proof of income documents that go with it.
• Review the other side's Financial Affidavit and draft discovery requests when numbers are missing.
• Prepare motions for temporary support, maintenance or interim fees.
• Represent you on child support and maintenance issues.

Limited scope drafting starts at $500, and one hearing appearance starts at $1,200. Full representation in a contested divorce is an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. See limited scope fees. Fees are confirmed in writing before you engage the firm, and no outcome can be promised.