Maine Divorce Financial Statement Form FM-043: What You Need to Know

Form FM-043 is the sworn Financial Statement required in every contested Maine divorce. It is the single most important document you will prepare — a complete inventory of your assets, debts, income, and monthly expenses that the court uses to divide property and determine spousal support.

Missing the filing deadline or submitting an incomplete or inaccurate FM-043 can result in sanctions, excluded evidence, or a default judgment based on the other spouse's numbers.

When You Must File

Under Maine Rule of Civil Procedure 108(c), both spouses must exchange and file their completed FM-043 within 21 days of the court issuing the Family Division Scheduling Order, or at least three business days before the first scheduled mediation session — whichever comes first.

This deadline is strict. The court does not send reminders, and extensions are not automatically granted.

Why this timeline matters: Under Rule 112(a)(1), formal discovery regarding financial issues is legally blocked until both parties have completed and exchanged their financial statements. Your FM-043 is the gatekeeper to the entire discovery process — until it is filed, neither side can compel the other to produce bank statements, tax returns, or business records through formal legal channels.

What FM-043 Requires

The form has two main parts:

Part 1: Assets and Liabilities

You must identify, value, and classify (marital vs. separate) every asset and debt you and your spouse hold:

• Real estate — current fair market value, mortgage balance, equity, whose name is on the title
• Motor vehicles — make, model, year, fair market value (Kelley Blue Book), any loan balance
• Bank accounts — checking, savings, money market, CDs, with current balances
• Retirement accounts — 401(k), 403(b), IRA, Roth IRA, pensions (including MainePERS), current values
• Investment accounts — brokerage accounts, stocks, bonds, mutual funds
• Business interests — ownership percentages, estimated value
• Life insurance — cash surrender value (whole life), face value (term)
• Personal property — household goods, jewelry, collections, equipment — at fair market value (what it would sell for, not replacement cost)
• Debts — credit cards, student loans, medical bills, personal loans, with creditor name, balance, and whose name is on the account

Part 2: Income and Expenses

This section is mandatory if spousal support or attorney's fees are in dispute:

• Gross income from all sources — wages, self-employment, rental income, investment returns, government benefits
• Monthly living expenses — housing, utilities, food, transportation, insurance, medical, childcare, debt payments

Notarization and Perjury

FM-043 must be signed under penalty of perjury and fully notarized by a notary public, court clerk, or attorney. The form carries explicit warnings about the consequences of false statements — perjury in Maine is punishable by up to five years in prison and a $5,000 fine.

This means every number on the form must be supported by documentation. Do not estimate when you can look up the actual figure. Do not omit accounts you hope the other spouse does not know about — if discovered later, hidden assets can result in the court reopening the property division.

When You Can Use FM-042 Instead

If both spouses have reached a complete agreement on all financial aspects of the divorce — no disputes regarding property, debt, spousal support, or attorney's fees — they can file a Certificate in Lieu of Financial Statement (Form FM-042) instead of the full FM-043.

FM-042 is a notarized certificate in which each party swears that all financial issues have been fully resolved by agreement. It is a much shorter document, but it carries the same perjury warnings. If there is any dispute about any financial matter, FM-042 is not an option — you must file the complete FM-043.

Consequences of Non-Compliance

Failing to file FM-043 on time can trigger severe consequences:

• The court may exclude your financial evidence at hearings
• The court may order you to pay the other spouse's attorney's fees
• The court may enter orders based solely on the compliant spouse's financial figures
• In extreme cases, a default judgment on property division

Preparing Your FM-043

The form itself is available as a free blank PDF from the Maine Judicial Branch website. But the form provides no guidance on how to value assets, how to classify property as marital or separate, or how to present your financial picture strategically.

The Maine Divorce Financial Split Guide was built specifically for FM-043 preparation — with asset inventory worksheets organized by category, a separate property tracing ledger, valuation guidance for each asset type, and a step-by-step walkthrough of both parts of the form. It helps you gather and organize everything before the 21-day clock starts.

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