AOC-238 Instructions: Kentucky Divorce Financial Disclosure

The AOC-238 — formally the Preliminary Verified Disclosure Statement — is Kentucky's mandatory financial disclosure form. Both spouses must exchange completed copies within 45 days of the respondent being served. Missing this deadline or leaving sections incomplete can delay your case, trigger sanctions, or undermine your credibility with the judge.

What the AOC-238 Requires

The form demands complete transparency on four categories:

Income. All sources — employment wages, self-employment earnings, rental income, investment returns, Social Security, disability payments, and any other regular income.

Assets. Every asset you own or have an interest in, with current values: real estate, vehicles, bank accounts, retirement accounts, investment accounts, personal property, business interests, life insurance cash values, and money owed to you.

Debts. Every liability: mortgages, car loans, student loans, credit cards, medical bills, personal loans, tax obligations, and any other amounts you owe.

Monthly expenses. A detailed household budget: housing costs, utilities, food, transportation, insurance premiums, medical expenses, childcare, education costs, and personal spending.

The form is "verified" — you sign it under oath, meaning intentional omissions or false statements carry legal consequences.

The 45-Day Deadline

Under Family Court Rules of Procedure and Practice (FCRPP) 2(3), the preliminary disclosure must be exchanged within 45 days of service on the respondent. Both parties have this obligation — not just the petitioner.

After receiving your spouse's AOC-238, you have 20 days (21 days under updated rules) to file written objections if the disclosures appear incomplete or inaccurate. Under FCRPP 2(4), either party can request signed releases for specific financial documents (bank records, tax returns, pay stubs), and the other party must execute and return those releases within 14 days.

Discovery Lockout Rule

In certain Kentucky counties — including Fayette — local family court rules (such as Rule 707) prevent you from conducting formal discovery (depositions, interrogatories, or document requests) on matters covered by the AOC-238 until you've served your own preliminary disclosure first. If you skip your own disclosure and try to subpoena your spouse's records, the court can block your requests.

How to Complete the Form Accurately

Gather documents first. Before touching the form, collect your last three months of bank statements, most recent tax return, pay stubs, mortgage statements, retirement account statements, credit card statements, and insurance declarations. The form asks for current balances and values — estimates aren't enough for a verified statement.

Value assets at current fair market value. Don't use purchase prices. Real estate should be valued at today's market value (via appraisal or comparable sales). Vehicles at current trade-in or private-party value. Retirement accounts at the most recent statement balance.

Don't forget these commonly missed items:

• Employer stock options or RSUs
• Deferred compensation plans
• Frequent flyer miles and loyalty rewards with significant value
• Tax refunds expected
• Security deposits on rental properties
• Cash value of whole life insurance policies
• Cryptocurrency holdings

Be honest about debts. Omitting debts doesn't make them disappear — it makes you look like you're hiding information. Include everything, even debts in your name alone.

Connection to the Settlement Agreement

If you and your spouse reach a settlement, FCRPP 2(3) requires that a copy of each party's completed AOC-238 be physically attached to the Separation Agreement (Form AOC-252.4). The agreement must include language adopting the preliminary disclosures as final and waiving the Final Verified Disclosure Statement (Form AOC-239).

If the case goes to trial instead, both parties must file Form AOC-239 at least 5 days before trial with supporting documentation exchanged 15 days prior. If nothing has changed since your preliminary disclosure, you can file an Affidavit of No Change (Form AOC-239.2) instead.

Common Mistakes That Delay Cases

• Leaving fields blank instead of entering "$0" or "N/A"
• Using round estimates instead of actual documented values
• Omitting separate (non-marital) property — the form asks for everything, not just marital assets
• Forgetting to sign and notarize the verification
• Missing the 45-day exchange deadline

The Kentucky Divorce Financial Split Guide includes a pre-disclosure inventory checklist and asset valuation worksheets designed to feed directly into the AOC-238, so you complete the form accurately and on time.

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