How to Fill Out New York Form FL-160 (w/Examples) + FAQs

To fill out the New York Form FL-160, you must list every asset and debt, classify each as marital or separate property, and propose a fair division on the form’s columns – all with complete accuracy and honesty. In fact, studies indicate up to 30% of high-asset divorces involve hidden assets, so courts take financial disclosure very seriously.

Form FL-160 (Property Declaration) is a key document in divorce cases, used to detail what you own and owe and how you suggest splitting everything. This guide will walk you through step-by-step instructions, common pitfalls to avoid, and pro tips to confidently complete FL-160, whether your case is in Family Court or Supreme Court (in New York, divorces are handled in the Supreme Court). Let’s ensure you get it right – and avoid the costly mistakes others have made.

📋 Complete every section correctly: Learn how to fill in each part of Form FL-160 (from property descriptions to proposed divisions) so your filing sails through.
🚩 Avoid costly mistakes: Steer clear of the top errors that cause FL-160 rejections – from overvaluing assets to leaving blanks – and save yourself from delays or do-overs.
🔑 Understand legal lingo: Clear definitions of terms like community property, separate property, and equitable distribution will boost your confidence in filling out the form.
⚖️ FL-160 vs. FL-150 & others: Find out how FL-160 compares to other divorce forms (like FL-150 Income Declaration) and when each is required, especially in New York vs. California.
📚 Real examples & case law: See example scenarios (default divorce, mutual agreement, separate property) with handy tables, plus brief case law stories that highlight why full disclosure is vital.

🚫 Avoid These Form FL-160 Mistakes at All Costs

Even a minor mistake on Form FL-160 can derail your divorce paperwork. Here are the critical errors to avoid:

Leaving sections blank or incomplete: Incomplete information is the #1 reason FL-160 filings get rejected. Failing to list a bank account or forgetting an asset’s details can lead the court to refuse your form. Double-check that every item is accounted for – if something doesn’t apply, write “none” rather than leaving it blank. Thoroughness shows the court you’re meeting your legal disclosure duty.
Miscalculating or overvaluing assets: Don’t list your property at sentimental or purchase price – use a realistic fair market value. For personal items, think “yard sale” prices. Overvaluing a used car or furniture can cause unfair division or unnecessary disputes. On the flip side, undervaluing or omitting an asset is even worse, as it breaches your duty to disclose and could incur penalties.
Misclassifying community vs. separate property: Be crystal clear which assets are marital (community) property and which are separate property. Community property generally means anything acquired during the marriage, while separate property is what each spouse owned before marriage or received by gift/inheritance. Mislabeling a joint bank account as separate (or vice versa) can raise red flags and legal challenges. When in doubt, provide the date acquired – if it’s during the marriage, it’s likely community property.
Ignoring debts associated with assets: Always include debts or loans tied to assets. For example, if you list a house, also list the mortgage balance; if you list a car, list the auto loan. Neglecting debts gives a skewed picture of net value. The form has columns for debt and “Net Value” – use them. This ensures the court sees the true equity in each asset and can divide things fairly.
Timing and filing errors: Make sure you file FL-160 at the proper stage of your case. In California, the Property Declaration is typically submitted with your Preliminary or Final Declaration of Disclosure, and it’s required for a default judgment. Filing it too early (before it’s needed) or too late can cause delays. If you’re in New York, remember that a Statement of Net Worth (not FL-160) must be exchanged early in a contested divorce. Always follow your jurisdiction’s timeline: when the court or rules say it’s disclosure time, have your FL-160 ready to go.

By sidestepping these pitfalls, you’ll present a complete and accurate FL-160 that the clerk can process without hiccups – keeping your divorce on track and your credibility with the court intact.

📝 Form FL-160 Overview: What It Is and When You Need It

Form FL-160, Property Declaration is the legal form used (primarily in California divorces) to list each party’s assets and debts and state a proposed division. Think of it as a full inventory of your financial world, presented to the court. Here’s a quick overview:

Purpose: FL-160 itemizes everything you own or owe and indicates who should get what. It’s often used as an attachment to your financial disclosure declaration (Form FL-140). If you prefer, you can swap it out for a Schedule of Assets and Debts (Form FL-142) in some cases, but FL-160 is unique because it requires you to propose a division of each item – crucial in default cases where the judge needs your plan on record.
When it’s required: You’ll typically use FL-160 in two scenarios: (1) Default divorce cases – if your spouse doesn’t respond, the court will require you (the petitioner) to file FL-160 for all community and separate property as part of the default judgment request; (2) Contested cases’ disclosures – if you’re going through the normal exchange of preliminary disclosures, you may use FL-160 (or FL-142) to fulfill the requirement of listing assets and debts. Either way, it must be prepared and served on the other side (even if not immediately filed) to comply with mandatory disclosure laws.
Jurisdiction note: Despite the name “New York Form FL-160,” the “FL” forms (including FL-160) are actually California Family Law forms. In New York divorces (handled in Supreme Court), spouses use a Statement of Net Worth (a different form) to disclose finances. However, the concept is similar – full disclosure of all assets/liabilities is required under New York’s equitable distribution law. So if you’re reading about FL-160 in a New York context, know that it’s referencing the California form; New York’s courts will expect comparable information, just on a different form. Always use the correct form for your state, but the guidance on what information to gather and how to present it will be very similar.

In summary, FL-160 is your financial truth on paper. If you’re in a California divorce or handling a default judgment, it’s a must-have. And if you’re elsewhere (like New York), understanding FL-160 prepares you to meet your own state’s disclosure rules fully.

🗂️ Sections of Form FL-160 and How to Tackle Them

Form FL-160 is three pages long and broken into sections with columns to fill out. Here’s how to approach each part when filling it in:

Header Information: At the top, fill in the court name and county, case number, and party names just like your other divorce papers. Check the appropriate box for “Community and Quasi-Community Property Declaration” or “Separate Property Declaration.” Use one form for community property and a separate form for separate property – so most people fill out two FL-160 forms if they have both types of property. (Quasi-community property is property acquired in another state that would’ve been community if acquired in California – list it with community property on the same form.)
Item Number & Description (Column A): List each asset or debt with a brief description. Be specific: for real estate, list the address; for cars, the make, model, and year; for bank accounts, the bank name and last four digits of the account number. If it’s personal property like furniture or appliances, you can group items (e.g., “Living room furniture set”) but ensure major valuable items (art, jewelry, collectibles) are listed individually. Each asset or debt gets its own item number (1, 2, 3, etc.).
Date Acquired (Column B): For each item, fill in when it was acquired (or date debt was incurred). This date is vital for classification: if acquired during the marriage, it indicates community property; if before marriage or after separation, likely separate property. You don’t need an exact day for every item – month and year (or even just year if that’s what you have) is usually enough, as long as it clearly shows pre-marriage, mid-marriage, or post-separation timing.
Gross Fair Market Value (Column C): Estimate the current fair market value of the asset. Use today’s realistic value – what could you sell it for now? For houses, you might use a recent appraisal or market analysis; for vehicles, check a resource like Kelley Blue Book; for personal items, go with a modest second-hand value (the “garage sale” value). Don’t inflate values thinking it looks good – it can backfire by skewing the division. For debts, the fair market value is essentially the current balance owed (you might put “$0” in value if it’s purely a debt, and list the balance under Column D).
Amount of Debt (Column D): If an asset has a loan or mortgage, list the amount owed here. For example, if Item 1 is “2018 Toyota Camry,” and it’s worth $10,000 with a $8,000 auto loan, put “$8,000” in this debt column. If the item is a debt itself (like a credit card or student loan), you can list the total owed under value or debt – just make sure net value reflects the negative. Speaking of which:
Net Fair Market Value (Column E): Subtract Column D from Column C to get the net value of each item. This tells you how much equity or true value each asset has (or for a pure debt, it will be a negative number or zero equity). In our car example, $10,000 value minus $8,000 debt equals $2,000 net. For a house, $300,000 value minus $250,000 mortgage = $50,000 net equity. For a credit card with $5,000 balance and no asset, the net is –$5,000 (you might just list the debt under Column D and net as –$5,000). The court looks at net values to ensure an equitable division.
Proposal for Division: FL-160 typically has you indicate, for each item, who should get it. There may be checkboxes or space to write “Petitioner” or “Respondent” or a proposed percentage split. For community property items, you should propose a division (often 50/50 in value, though you might allocate whole items to one side and balance out with others). For example, you might propose keeping the car and giving your spouse another asset of equal value. For separate property items, you generally will allocate them entirely to the owning spouse (usually yourself if it’s your separate asset), since separate property isn’t divided – but listing it demonstrates you disclosed it. Be realistic and fair: if you propose an unequal split, be prepared to justify it. In default cases, petitioners often propose awarding all community assets to themselves and all debts to the other by default – but judges will scrutinize if that seems one-sided. A safer approach is to propose a roughly equal overall division unless you have a valid reason.
Totals and Verification: At the bottom of the form, there are lines to total up the values and debts. Ensure your arithmetic is correct so the net totals make sense. You will sign the form under penalty of perjury, certifying that it’s true and correct. Do not sign until you’re sure it’s complete. If you realize you forgot something after filing, you can file an amended FL-160, but it’s easier to get it right the first time.

Remember, the FL-160 is not just a formality – it’s the blueprint for your property division. A judge in a default case will often make the judgment orders directly from what you wrote on this form. And if both sides are involved, each will compare the other’s FL-160s (or asset lists) for discrepancies. Taking the time to fill out each section carefully will pay off in a smoother divorce process.

💡 Detailed Walkthrough Example: Filling Out FL-160 Step by Step

Let’s put this into practice with a hypothetical example. Meet John and Jane Doe: a couple divorcing after 10 years of marriage. They have to fill out FL-160 forms as part of their California divorce. We’ll walk through how John (the petitioner) would complete his forms:

John’s Assets & Debts: John lists all community property first on a “Community Property Declaration” FL-160. Item 1: “123 Maple St, Springfield, NY – Single-family home.” Date acquired: 2015 (during marriage, so community). Value: $500,000 (based on a recent market analysis). Debt: $300,000 (current mortgage balance). Net value: $200,000. Proposal: John proposes the house be sold and proceeds split 50/50, or alternatively, that Jane keeps the house and refinances to pay him half the equity (he notes “award to Jane, $100k equalization to John” in the division column).
Item 2: “2017 Toyota Camry” (family car). Date acquired: 2017. Value: $15,000 (Kelly Blue Book estimate). Debt: $0 (loan paid off). Net: $15,000. Proposal: John suggests he keeps the Camry. To be fair, since he’s keeping an asset, he might allocate something of equal value to Jane later.
Item 3: “Checking account at ABC Bank (…1234)”. Date acquired: N/A (ongoing account). Value: $4,000 (current balance). Debt: $0. Net: $4,000. Proposal: Split equally ($2,000 each) – he notes it as such.
Item 4: “Jane’s 401(k) through XYZ Corp.” Date: 2012 (started before marriage, but contributions during marriage). Value: $50,000 (marital portion; separate portion handled on Jane’s separate property form). Debt: $0. Net: $50,000. Proposal: Split 50/50 via QDRO (Qualified Domestic Relations Order), so each gets $25,000. (He writes this note in the margin or attachment since FL-160 might not have a lot of space – attaching a sheet for details is okay.)
John’s Separate Property: John also fills a second FL-160 and checks “Separate Property Declaration.” On that, Item 1: “1968 Ford Mustang (pre-marriage classic car).” Date acquired: 2008 (before marriage). Value: $20,000. Debt: $0. Net: $20,000. Proposal: Confirm to John as his separate property. Item 2: “Personal savings account at ABC Bank (…7890).” Date: opened 2006. Value: $5,000. Debt: $0. Net: $5,000. Proposal: Confirm to John. He lists a few gifts from his parents and an inheritance as separate as well, all with dates showing they were acquired before or after the marriage.
Review and Totals: John double-checks that every asset he can think of is on either the community or separate list. Household furniture? They decided each will keep what’s in their possession, but John lists major items like “Living room furniture – $1,000 – propose to Jane” and “Bedroom set – $500 – John” just to cover them. Debts like credit cards are listed too (e.g., Visa ending 4242, $3,000 balance – John proposes each pay their own credit card). He tallies the net values: suppose community assets total $69,000 net, and he’s proposing an even split. On his form, the totals show each party getting about $34,500 worth each. On separate, he only lists items he’s keeping (no split needed). Everything balances.
Serving Jane: John attaches his completed FL-160 forms to his Preliminary Declaration of Disclosure (FL-140) and serves them on Jane (through her attorney). Later, when they reach a settlement, they’ll incorporate these disclosures into their final agreement. If Jane had defaulted (not responded), John would instead file these FL-160s with the court along with a request for default judgment, and the judge would review John’s proposals carefully to ensure they’re fair.

This example illustrates the thought process: be thorough (cover every asset/debt), be accurate (use real values, correct dates), and be fair/reasonable in your proposed division. Real life will have more complexities (e.g. pensions, stock options, business interests – those might need appraisals or specialized valuation), but the form’s structure remains the same. When in doubt, add an attachment or explanation. It’s better to over-explain an item than leave the court guessing.

📊 Real-World Scenarios Explained (with Tables)

Different divorce situations call for slightly different approaches to the FL-160. Below are three key scenarios and how the form is used in each, summarized in 2-column tables for clarity.

Scenario 1: Default Divorce (No Response from Spouse)

Scenario	How FL-160 is Used
Your spouse never responds to the divorce papers (a true default).	You must file FL-160 forms for all community and separate property with your default judgment request. List everything and propose a division (often giving yourself 100% of community assets/debts by default). The judge will scrutinize your FL-160 to ensure your proposals are not unconscionable before approving the judgment. In a default, FL-160 essentially stands in place of your spouse’s input, so completeness is vital. You also need to serve a copy of the FL-160 (and disclosure forms) on your spouse even if they didn’t respond, to comply with disclosure laws.

Scenario

How FL-160 is Used

Your spouse never responds to the divorce papers (a true default).

You must file FL-160 forms for all community and separate property with your default judgment request. List everything and propose a division (often giving yourself 100% of community assets/debts by default). The judge will scrutinize your FL-160 to ensure your proposals are not unconscionable before approving the judgment. In a default, FL-160 essentially stands in place of your spouse’s input, so completeness is vital. You also need to serve a copy of the FL-160 (and disclosure forms) on your spouse even if they didn’t respond, to comply with disclosure laws.

Scenario 2: Uncontested Divorce (Both Spouses Cooperating)

Scenario	How FL-160 is Used
Both spouses reach a Marital Settlement Agreement (MSA) and avoid trial.	In an uncontested case with a signed settlement agreement, you might think FL-160 isn’t needed – but financial disclosures are still required by law. Typically, each spouse exchanges a Schedule of Assets and Debts (FL-142) or uses FL-160 to list everything before signing the MSA. If you have an MSA, you can attach it to the judgment instead of the court dividing assets item by item. However, many courts still require proof that disclosures were done. Some attorneys file a simplified FL-160 or FL-142 with the judgment to show the assets were listed. The FL-160 in this scenario may not need to propose a division (since the MSA handles that), but it must show full disclosure. Bottom line: even in amicable settlements, fill out your FL-160 or equivalent and swap with your spouse – it protects both of you from future claims of hidden assets.

Scenario

How FL-160 is Used

Both spouses reach a Marital Settlement Agreement (MSA) and avoid trial.

In an uncontested case with a signed settlement agreement, you might think FL-160 isn’t needed – but financial disclosures are still required by law. Typically, each spouse exchanges a Schedule of Assets and Debts (FL-142) or uses FL-160 to list everything before signing the MSA. If you have an MSA, you can attach it to the judgment instead of the court dividing assets item by item. However, many courts still require proof that disclosures were done. Some attorneys file a simplified FL-160 or FL-142 with the judgment to show the assets were listed. The FL-160 in this scenario may not need to propose a division (since the MSA handles that), but it must show full disclosure. Bottom line: even in amicable settlements, fill out your FL-160 or equivalent and swap with your spouse – it protects both of you from future claims of hidden assets.

Scenario 3: Separate Property vs. Community Property

Scenario	How FL-160 is Used
One spouse has significant separate property (e.g. an inheritance or pre-marriage assets).	Use two FL-160 forms – one for “Community & Quasi-Community Property” and one for “Separate Property.” On the separate property form, list those assets that belong entirely to one spouse and shouldn’t be divided (with dates showing why they’re separate). Example: Wife inherited a lake cabin from her father during the marriage – inheritance is her separate property by law, but she should list it on a separate-property FL-160 to disclose it. She would propose “confirm to Wife.” The community property FL-160 will list jointly acquired items to split. Keeping them on separate forms avoids confusion and helps the court clearly see what’s being divided versus what’s off-limits. It also prevents accidental transmutation (mixing) of separate assets into the marital pot. Key tip: be diligent in classifying – if an asset started separate but got commingled (e.g. you paid mortgage on your pre-marriage house with community earnings), disclose that and perhaps list on both forms with an explanation. This scenario showcases why the form has that checkbox at the top – check the right one for each form!

Scenario

How FL-160 is Used

One spouse has significant separate property (e.g. an inheritance or pre-marriage assets).

Use two FL-160 forms – one for “Community & Quasi-Community Property” and one for “Separate Property.” On the separate property form, list those assets that belong entirely to one spouse and shouldn’t be divided (with dates showing why they’re separate). Example: Wife inherited a lake cabin from her father during the marriage – inheritance is her separate property by law, but she should list it on a separate-property FL-160 to disclose it. She would propose “confirm to Wife.” The community property FL-160 will list jointly acquired items to split. Keeping them on separate forms avoids confusion and helps the court clearly see what’s being divided versus what’s off-limits. It also prevents accidental transmutation (mixing) of separate assets into the marital pot. Key tip: be diligent in classifying – if an asset started separate but got commingled (e.g. you paid mortgage on your pre-marriage house with community earnings), disclose that and perhaps list on both forms with an explanation. This scenario showcases why the form has that checkbox at the top – check the right one for each form!

Each scenario shows the flexibility of FL-160: it’s used slightly differently in a default vs a negotiated divorce, and it accounts for different types of property ownership. Identify which scenario (or combination of scenarios) fits your case, and follow the guidance so your Property Declaration fits the context.

📑 Evidence and Documents You’ll Need for Backup

Filling out FL-160 isn’t just a memory test – you’ll want to gather documents to support the numbers and info you put down. Having evidence and documentation not only helps you fill the form accurately, it also prepares you in case you need to prove a value or clarify an item later. Here’s a checklist of documents and evidence to assemble:

Financial account statements: Bank account statements, retirement account summaries, stock/mutual fund statements, and 401(k)/pension benefit statements. Use the latest statements to get current balances. For FL-160, you might attach statements for significant assets like retirement accounts to show their value on a certain date (some courts require attaching statements for disclosure – check local rules).
Title documents: Gather deeds for real estate, vehicle titles or registration for cars/boats/RVs, and any ownership documents for valuable assets (e.g. share certificates for a closely-held business, or a title of mobile home). These prove ownership and can show when acquired (a deed will have the purchase date, which helps with that “Date Acquired” column).
Appraisals or market valuations: If you recently had an appraisal on the house or a valuation of jewelry/collectibles, have those on hand. You may not need to submit the appraisal with the FL-160, but using it will ensure your “Fair Market Value” entries are solid. For example, if you estimate your art collection at $10,000, having an appraisal supports that number. Similarly, use online tools (Zillow for home value, KBB for cars) and print the estimates for your records.
Loan statements: To fill in the “Amount of Debt” column, pull the latest statements for mortgages, car loans, student loans, and credit cards. The statement will give you the current payoff amount or balance. Also note the date of the loan – if it started during marriage, likely a community debt; if before, separate (unless refinanced later).
Insurance policies (for cash value): Some assets like whole life insurance policies have a cash surrender value. If you list a life insurance policy, check its current cash value via a policy statement (this goes under fair market value, since it’s money you could take out). Many people forget these – don’t! It might only be a few thousand dollars, but it’s an asset.
Business documents: If you or your spouse owns a business, get the latest financial statements (balance sheet, profit/loss) or at least an estimate of business value. Business interests are often hard to value – you might even need a professional appraisal. On FL-160, you can list the business name and put “valuation TBD” or an estimated value with a note. Provide any K-1s or tax returns that back up the estimate. The court doesn’t expect you to be a valuation expert, but you must disclose the existence of the business and a good-faith estimate.
Separate property proof: For items you’re claiming as separate property, it helps to have paper trails. For example, a grant deed showing you acquired a house before marriage, or a bank statement showing an inheritance deposit to an account in your name. You don’t file these with FL-160, but have them ready if the classification is later challenged. Attaching a simple note to your separate property form like “(Inherited from father on 6/2019, see will)” can signal you have the proof.

While you typically file the FL-160 form itself without attaching all these documents to the court copy (you keep the evidence in your records), you do need to serve copies of the form and often exchange these supporting documents with your spouse’s side as part of the disclosure process. California law, for instance, requires exchanging Declarations of Disclosure which include FL-160 (or FL-142) plus all tax returns and valuations for assets. New York similarly mandates attaching pay stubs, tax returns, and account statements to the Statement of Net Worth. So think of FL-160 as the summary, and your documents as the backup. Being organized with your evidence not only makes filling out the form easier (because you’re pulling real numbers from real documents), it also positions you to answer any questions that come up about your finances in the case.

⚖️ FL-160 vs. FL-150 (and Other Forms): What’s the Difference?

Divorce comes with a stack of forms, and it’s easy to mix them up. Two forms that often come up together are FL-160 (Property Declaration) and FL-150 (Income and Expense Declaration) – they serve different purposes, and it’s important to know which is which:

FL-160 (Property Declaration): This is all about assets and debts – essentially your balance sheet. It lists what you own/owe and how it should be divided. It does not cover income, monthly expenses, or support. FL-160 is usually required for property division matters, especially when you need the court to approve a division (like by default or trial). In California, FL-160 is one of the forms exchanged in financial disclosures (often interchangeable with FL-142 as mentioned). In New York, the analogous section is the part of the Net Worth Statement detailing assets and liabilities.
FL-150 (Income and Expense Declaration): This form is essentially your budget and income statement. It details your employment, monthly income from all sources, and your monthly living expenses (rent, food, etc.), as well as any monthly debt payments. FL-150 is critical for determining child support, spousal support, or attorney fee awards. It’s typically required anytime support is at issue. It complements FL-160: one shows what you have, the other shows what you earn and spend. In a California divorce, both parties exchange FL-150s early on. In New York, the Statement of Net Worth contains a similar breakdown of income and expenses.

Key differences: FL-160 deals with division of property in a divorce judgment (who gets what), whereas FL-150 deals with support calculations and financial ability (who pays what). Another difference is where they go: FL-160 may be filed with the court especially in defaults or as trial exhibits, while FL-150 often gets filed whenever there’s a hearing on support or fees. Both are signed under penalty of perjury, so accuracy is paramount.

Other related forms: You might encounter FL-140 (Declaration of Disclosure), which is basically a cover sheet saying “I’m serving my financial disclosures” – it accompanies the FL-160/FL-142 and FL-150. FL-141 is a proof of service for those disclosures, confirming you served your spouse with all the financial forms. And FL-142 (Schedule of Assets and Debts), as noted, is an alternative to FL-160 – it lists assets/debts and who they belong to, but doesn’t require proposing division. Many amicable cases use FL-142 for preliminary exchanges and only use FL-160 if they need the court to divide assets (like in a default or trial situation). If you have minor children, you’ll also fill out FL-105 (UCCJEA), but that’s unrelated to finances – it’s about child custody jurisdiction.
New York forms difference: In a New York Supreme Court divorce, instead of FL-150, you simply include income and expense info in the comprehensive Statement of Net Worth. And instead of FL-160, you list assets and debts (with who’s keeping what) in that same statement or in the Property Settlement Agreement attached to the divorce judgment. The idea is the same; the format is just different. But if you understand FL-150 and FL-160, you can tackle a NY Net Worth Statement since it’s effectively those two forms combined (plus a bit more).

Bottom line: Use the right form for the right task. If you try to list your salary on FL-160, you’re doing it wrong (that goes on FL-150). And if you try to list who gets the house on FL-150, that’s wrong (that goes on FL-160). Both forms together give the full financial picture needed in a divorce. Most importantly, complete both honestly – these documents together ensure fair support and fair property division under U.S. divorce laws.

🔍 Decoding Legal Jargon: Key Terms You Need to Know

Divorce paperwork can read like another language. Let’s break down some key legal terms and concepts that you’ll encounter when filling out Form FL-160 (and related divorce forms), so you know exactly what they mean:

Community Property: In community property states (like California), this means all assets and debts acquired by either spouse during the marriage (and before separation) are owned jointly by both, 50/50. For FL-160, if something is community property, you list it on the community property form and typically plan to split its value between you. (New York Note: NY is not a community property state; it uses equitable distribution, defined below.)
Separate Property: Assets or debts that belong to one spouse alone. Generally, this includes anything acquired before the marriage or after separation, or any gifts or inheritances to one spouse (even during marriage). On FL-160, separate property items are listed on a separate form and are proposed to be “confirmed” to the owning spouse, not divided. Keeping a clear line between separate and community is crucial; mislabeling can cause legal disputes.
Quasi-Community Property: A California term for property acquired by a couple while living in a non-community property state, which would have been community if acquired in California. For example, a couple lives in New York (an equitable distribution state) and buys a house there, then later file for divorce in California – that house is quasi-community property and treated as if it were community property. FL-160 has you include quasi-community on the community list (usually you’d note it as such).
Equitable Distribution: The system used in New York (and most states outside the West Coast) to divide marital property “fairly” but not necessarily 50/50. Courts consider various factors to decide who gets what (income, contributions, etc.). Marital property in NY is similar to community property (assets acquired during marriage, except certain separate categories). If you’re dealing with NY Form FL-160 (as our title suggests) conceptually, think equitable distribution – you still list everything, but the goal is a fair division, which might be 60/40, 70/30, etc., depending on circumstances. (In practice, New York’s Statement of Net Worth and settlement agreements handle this listing/division, since FL-160 itself is a California form.)
Preliminary & Final Declarations of Disclosure (PDD/FDD): In California divorces, each party must exchange a Preliminary Declaration of Disclosure early in the case and (unless waived by agreement) a Final Declaration of Disclosure before finalizing the divorce. These aren’t filed in court (except a form saying you did it), but they consist of serving your FL-150 and FL-160/FL-142 (plus attachments like tax returns). FL-160 is part of these disclosure packets. The final disclosure can be waived by mutual agreement in CA, but preliminaries cannot – failing to exchange can even undo a divorce years later. Other states have similar requirements to exchange financial info under oath, even if not exactly the same forms.
Default Judgment: When one spouse doesn’t respond to the divorce petition, the other can request a default judgment. In a default, since there’s no negotiation or agreement, the petitioner’s proposed terms (including property division) often become the blueprint for the judgment – but only if they’ve been properly disclosed and filed. That’s why completing FL-160 in a default is so important: the court needs to see that the division is fair and that the respondent was informed of what was in the proposal. A default judgment can be rejected if the judge finds the split grossly unfair or lacking disclosure. Always attach your FL-160 to your default request so the judge sees you’ve listed everything.
Marital Settlement Agreement (MSA): A written contract between spouses that resolves all issues (property division, support, custody, etc.), used in uncontested divorces. If you have an MSA, you might think you can skip FL-160, but as explained, you usually still need to exchange financial disclosure forms prior to signing the MSA. The MSA will then be incorporated into the final judgment. On FL-160, if you’ve already divided things via MSA, you can note “as per MSA” or simply ensure the FL-160 matches what the MSA says.
Fiduciary Duty: A special legal obligation spouses owe each other, described as the “highest good faith and fair dealing” with respect to financial matters. Even after separation, each spouse must fully disclose all material facts about assets and debts to the other (no hiding money!). This duty is why we have forms like FL-160 – to enforce transparency. Breaching this duty by concealing assets can lead to sanctions (penalties) or an entire asset being awarded to the other spouse, as we’ll see in the case law section. Always act as if you’re managing both of your money – you have to be just as honest as you’d want the other side to be.

By understanding these terms, you’ll not only fill out the form more accurately, but you’ll also have a clearer picture of the legal framework behind it. It turns out FL-160 is a practical expression of some deep legal principles (community vs separate property, fiduciary duty to disclose, etc.). Knowing the lingo ensures you won’t accidentally waive rights or miss an obligation as you navigate the process.

🏛️ Who’s Who: Courts, Clerks, and Key Players in the FL-160 Process

Filling out the form is only part of the journey – you also need to file it, serve it, and perhaps discuss it in negotiations or court. It helps to know the entities and roles involved so you understand what happens once your FL-160 is ready:

Family Court (California) / Supreme Court (New York): These are the courts where divorces are handled. In California, the divorce case is in the Family Law division of the Superior Court (often informally called Family Court). In New York, divorces are under the Supreme Court (which is actually a trial court there, not the highest court). These courts will not individually audit your FL-160 unless a judge needs to (like in a default or trial). But they set the rules and may offer self-help centers where you can get guidance on filling forms. If your case goes to a hearing or trial, a judge (or sometimes a court-appointed referee) will review the FL-160 to make decisions on property division if spouses can’t agree.
Court Clerk’s Office: The clerk is your point of contact for filing documents. Once you’ve completed and signed your FL-160, you’ll file it with the court clerk (unless it’s just being exchanged and not filed until later). For a default judgment, you definitely file it so the judge sees it; for contested cases, you might file it as an exhibit or attach to a settlement. The clerk will time-stamp it and put it in the court file. They’re also who issues your judgment paperwork. If something’s missing (like you forgot to include FL-160 in a default packet), the clerk might reject your filing and give you a notice to fix it. So, treat the clerks nicely and ensure your paperwork is in order for them.
Family Law Facilitator / Self-Help Center: In many courts (especially in California), there are free resources to help people with divorce forms. These facilitators are often found right at the courthouse. They can’t give you legal advice or fill the form for you, but they can explain what information is needed for each part, check that you’ve completed all required sections, and guide you on the next steps (like service). If you’re self-represented (no attorney), definitely consider visiting a facilitator with your draft FL-160 to have a second set of eyes on it.
Attorneys (and Paralegals): If you have a divorce attorney, they will either fill out the FL-160 based on info you provide or guide you in doing it. They know the nuances, such as how to characterize tricky assets or whether to use FL-160 vs FL-142 in your situation. Paralegals and legal document preparers can also assist (for less cost than an attorney) – they handle lots of FL-160s and know common mistakes. If your spouse has an attorney and you don’t, be extra careful: the attorney on the other side will surely scrutinize your FL-160 for any omissions or errors. It might be worth consulting a lawyer just to review your disclosure forms, even if you handle the rest yourself.
The Other Spouse (Petitioner/Respondent): Each party is responsible for their own disclosure. If you’re the Petitioner (the one who filed for divorce), you set the pace – you must serve your disclosure (FL-160, FL-150, etc.) within the timeframe required (in California, within 60 days of filing the petition, unless extended). If you’re the Respondent, you’ll do the same after appearing in the case (CA asks for it within 60 days of your response). Both of you will exchange these forms. It’s a two-way street: you’ll be examining your spouse’s FL-160 as they will examine yours. If something seems off (e.g., you suspect they didn’t list a known asset), you or your lawyer can demand more info or use discovery tools to get to the truth. Ideally, both sides are honest and thorough, and the FL-160s line up reasonably with each other (values might differ, but the list of items should be identical if both disclosed fully).
Mediator or Judge: If you go to mediation to settle your case, the mediator might use the FL-160s as a reference to help divide assets. If you go in front of a judge (at a settlement conference or trial), the judge will rely heavily on the FL-160 or similar financial statements to decide who gets what. Judges often have a keen eye for missing items – if neither party listed an obvious asset (say, a retirement account), the judge might ask about it, because any judgment needs to dispose of all assets and debts. Also, judges look for the FL-141 proofs of service to ensure you did exchange disclosures; skipping that can halt your case. In short, these players use your FL-160 as essential evidence in making fair decisions.

In summary, filling out FL-160 is not done in a vacuum. You fill it out at home, but then it interacts with the legal system: the clerk accepts it, your spouse reviews it, attorneys and possibly facilitators might assist, and a judge or mediator ultimately relies on it. Knowing who does what will help you follow through – for example, you’ll remember to serve the form to your spouse (because it’s not enough to file it; the other side must get a copy), and you’ll appreciate why accuracy matters (because that judge could base a judgment on your numbers).

Finally, keep copies of everything you file and serve. The court file is one record, but you should have your own complete file. It’s surprising how often something like an FL-160 becomes important years later (say, to enforce part of a judgment or if an omitted asset surfaces). If you have your file, you can quickly see what was declared and how.

✅ Pros and Cons of Using Form FL-160

Is filling out FL-160 worth the effort? What advantages does it bring, and what challenges might you face? Here’s a quick pros and cons breakdown:

Pros of FL-160	Cons of FL-160
Ensures full disclosure: By listing everything, you comply with the law and avoid accusations of hiding assets. It provides a transparent snapshot of your finances.	Time-consuming detail: Collecting documents and completing every line can be tedious. Complex estates with many assets take significant effort to compile.
Facilitates fair division: Proposing a division for each asset forces you to consider a fair split. Judges appreciate when you’ve done this homework – it can speed up default judgments and settlements.	Risk of errors: A mistake (like a wrong account number or missed debt) can cause delays or court skepticism. You might have to redo the form or face a credibility hit if something important was omitted.
Legal protection: An accurately filed FL-160 protects you from future claims that you concealed something. It’s your evidence that you disclosed X asset. This can prevent a former spouse from reopening the case later for fraud, as long as you truly listed everything.	Public record concerns: Once filed, the FL-160 becomes part of the court file (except financial info might be kept confidential in some jurisdictions). This means personal financial details could be accessible, which might be uncomfortable for private individuals or high-profile parties.
Required for judgment: In many cases (especially defaults in CA), without FL-160, the court simply won’t grant your divorce. It’s a mandatory step. So doing it correctly is in your interest to actually finish your case.	May require duplication: You might have to fill out two forms (community and separate property) and also a different form (FL-142) for preliminary exchange. It can feel repetitive. However, the information overlaps, so it’s usually copying info between forms.
Clarity in negotiations: A well-prepared FL-160 can be a basis for negotiation with your spouse – it lays out all items to discuss. It can reduce arguing about what exists, letting you focus on how to divide rather than whether something exists.	Emotional strain: Listing every asset and debt can be emotionally taxing, as it lays bare the sum of a marriage’s financial life. It can trigger disputes if one spouse feels something is incorrectly listed or valued. Prepare for some possible uncomfortable conversations following the exchange of forms.

Overall, think of FL-160 as a necessary medicine: it might be a bit bitter to go through, but it leads to a healthier outcome for your divorce. The pros – legal compliance, fairness, protection – typically outweigh the cons, especially because not doing it (or doing it poorly) has its own dire consequences (like court sanctions or delayed divorce). By being aware of the cons, you can mitigate them (for example, take your time to avoid errors, and seek help if overwhelmed).

📖 Real Case Law: Why Full Disclosure (and FL-160) Matters

The importance of filling out your FL-160 honestly and completely isn’t just theoretical – real divorce cases have shown how severe the consequences of hiding or misreporting assets can be. Here are a few notable cases that highlight the stakes:

In re Marriage of Rossi (California, 2001) – This infamous case is every spouse’s nightmare scenario for hidden assets. Denise Rossi won $1.3 million in the lottery, then promptly filed for divorce 11 days later, not disclosing the lottery winnings on her financial forms. Her husband, Thomas Rossi, had no clue… until after the divorce was finalized, a misdirected letter tipped him off. The court found that Denise willfully hid a significant community asset. The punishment? The judge awarded 100% of the lottery winnings to the ex-husband. That’s right – Denise lost all the money for failing to disclose. The case stands as a dramatic example: California courts have the power under Family Code §1101 to award up to 100% of an undisclosed asset to the other spouse as a penalty for fraud. Filling out the FL-160 properly (and updating it if you suddenly get, say, a lottery windfall) is absolutely critical to avoid a Rossi-like fate.
In re Marriage of Feldman (California, 2007) – While Rossi was about blatant concealment, the Feldman case was about a pattern of nondisclosure. In this high-asset divorce, the husband failed to share information about certain investments and accounts with his wife during the proceedings. The wife discovered the omissions and brought it to the court’s attention. The court hammered the husband with $250,000 in sanctions (penalties) plus an order to pay hundreds of thousands in the wife’s attorney fees. The appellate court upheld these sanctions, emphasizing that California’s disclosure laws mean business – even if an asset isn’t completely hidden, dragging your feet or providing partial info can cost you dearly. The term “Feldman sanctions” has since entered the family law lexicon, referring to hefty fines for breach of fiduciary duty. The lesson: complete those disclosure forms (like FL-160 and FL-150) thoroughly, and if you realize you missed something, correct it ASAP. Courts can forgive an honest mistake but not a pattern of evasiveness.
New York example – New York courts likewise punish deceit. While NY doesn’t have an exact “100% penalty” statute, judges can get creative under equitable distribution. For instance, in a 2010s case (briefly noted in NY law circles), a husband who hid assets offshore had the entire secret account value deducted from his share of the equitable distribution (effectively awarding that portion to the wife). Another NY case saw a judge reopening a settled divorce when a spouse found evidence of a hidden investment account; the judge adjusted the distribution to give the wronged spouse a larger share. In extreme cases, hiding assets in NY can lead to claims of fraud on the court or perjury charges. The point is, regardless of the state, failing to disclose on your financial affidavit or form is playing with fire. Judges have broad authority to right a wrong – which often means the deceiver ends up far worse off than if they had been honest.

These cases underscore why the seemingly mundane task of filling out Form FL-160 (and its equivalents) is so important. The courts view the duty of disclosure as fundamental. As one California judge put it: “Moral of the story: It pays to be honest from the beginning.” And that isn’t just moral advice – it’s legal advice with dollars (or even freedom) attached.

So when you’re slogging through gathering bank statements and figuring out the Blue Book value of your car for the FL-160, remember: you’re not just doing paperwork, you’re safeguarding yourself from potential legal fallout. Complete disclosure is not only a legal obligation – it ultimately protects you as well, because you can finalize your divorce with confidence that neither side can come back later and say “Hey, you hid XYZ from me.”

🙋‍♂️ Frequently Asked Questions (FAQs)

Q: Do I have to file a Form FL-160 if we have no property or debt to divide?
A: Yes. If you truly have nothing to list, you should still file FL-160 and write “None” for each section – this shows the court you didn’t overlook the form.

Q: My spouse and I already agreed on everything in writing. Can we skip the FL-160?
A: No. Even with a full settlement, both parties must exchange financial disclosure forms by law. An agreement doesn’t waive the duty to disclose assets.

Q: Does the Respondent also need to fill out an FL-160, or is it just the Petitioner?
A: Yes. Both spouses are expected to complete and serve their own FL-160 (or asset list). Each party must disclose their view of all assets and debts they know of.

Q: Do I need to attach bank statements or receipts when I file FL-160 with the court?
A: No. You typically file just the FL-160 form itself. Supporting documents are exchanged with your spouse (and must be available if requested) but usually aren’t filed unless the court specifically asks.

Q: If my spouse lists an asset on their FL-160 that I disagree with, am I bound by it?
A: No. One spouse’s FL-160 is just their declaration and proposal. You don’t have to accept their valuations or divisions – you can present your own FL-160 and evidence to the contrary.

Q: Is Form FL-160 used in New York divorces?
A: No. New York uses a different form (Statement of Net Worth) for financial disclosure. FL-160 is a California form, but the concept of full disclosure applies in NY as well.

Q: Do I sign FL-160 in front of a notary?
A: No. You sign FL-160 under penalty of perjury, but it does not require notarization. Your signature asserts the information is true to your knowledge.

Q: Can I be penalized if I forgot something on FL-160 and added it later?
A: Generally no. If it’s a genuine oversight and you correct it promptly (amending your disclosures), courts are forgiving. Penalties are aimed at willful hiding, not good-faith corrections.

Q: Will the judge actually look at my FL-160?
A: Yes – especially in default or contested cases. In an uncontested case with an agreement, the judge may skim it. But if you’re asking the court to divide property, the judge relies on FL-160 to understand the assets.