JDF 1111 Instructions: Mastering the Sworn Financial Statement

The Golden Rule: Disclose Everything

Many people try to hide assets they think are "theirs"—like a pre-marital inheritance or a business they started before the wedding. Do not do this.

Colorado Rule of Civil Procedure 16.2 imposes a special duty of candor. If you fail to disclose an asset, the court can reopen your divorce case up to 5 years later (Rule 16.2(e)(10)) and reallocate assets, potentially awarding the hidden asset entirely to your ex-spouse as a penalty.

Strategy: Disclose the asset on the form, but use the "Notes" section or a separate spreadsheet to argue why it is "Separate Property" and should not be divided. Transparency protects you; secrecy endangers you.

Section 1: Income (The Calculator Input)

The first few pages of JDF 1111 ask for your monthly income. This number directly feeds into the maintenance and child support formulas.

• Gross vs. Net: The form asks for Gross Monthly Income. This is your pay before taxes, insurance, or 401k deductions. Look at your paystub for the "Gross Pay" line.
• Variable Income: If you get bonuses or commissions, do not just list your base salary. Average your total income over the last 12-24 months to get a realistic monthly figure.
• Perks: Do you get a company car? A housing allowance? These are often considered income "in kind" for support purposes. List them.

Section 2: Monthly Deductions

This section allows you to subtract certain mandatory costs from your income. Be careful here—you cannot deduct voluntary retirement contributions or general savings.

• Mandatory Retirement: Only list PERA or other pension contributions if they are required as a condition of employment.
• Health Insurance: List the premium you pay for yourself and, separately, for the children. This distinction matters for the child support worksheet.

Section 3: Monthly Expenses

This is where you list your budget: rent/mortgage, food, utilities, etc.

Tip: Don’t guess. Pull up your last 3 months of bank statements and credit card bills. Calculate the average. If you list $2,000 for groceries but your bank statement shows $400, your credibility will be shredded in cross-examination. Conversely, if you under-report your expenses, you might receive less spousal maintenance than you actually need.

If you are currently living in the marital home but plan to move out, you can create a column for "Current" expenses and "Projected" expenses to show the court what you will need post-divorce.

Section 4: Assets (What You Own)

This is the heart of the property division. You must list everything you own, regardless of whose name is on the title.

A. Real Estate

List the family home, rental properties, and even vacant land. For value, use a recent appraisal or a comparable market analysis (CMA) from a realtor. Zillow estimates (Zestimates) are generally not accepted as evidence in court, though they can be a starting placeholder.

B. Vehicles

List cars, boats, RVs, ATVs. Use Kelley Blue Book (private party value) or NADA guides. Don’t forget to list the loan balance in the "Amount Owed" column.

C. Financial Accounts

List every bank account: Checking, Savings, Money Market, CDs.

Crucial: List the "Title" correctly (Joint, Petitioner, Respondent). Even if an account is in your name only, the money inside it is likely marital property if it was earned during the marriage.

E. Retirement Accounts

This is often the second largest asset after the house. List 401(k)s, IRAs, PERA, and pensions.

Note: Pensions (defined benefit plans) are tricky because they don’t always have a "cash value" today. List them and note "To be determined" or "Formula based" if you don’t have a present value. You will likely need a QDRO expert later.

Section 5: Debts (What You Owe)

Don’t forget the bad stuff. Marital debt is divided just like marital assets.

• Credit Cards: List all cards, even if the balance is paid off monthly (list $0).
• Student Loans: These are often contentious. Generally, if the degree was earned during the marriage, the debt is marital, but the court might assign it to the student if they also get the benefit of the higher earning power.
• IRS Debt: Tax debts are marital debts. List them clearly.

Common Mistakes to Avoid

1. Leaving Blanks

Never leave a line blank. If you don’t have that asset, write "None" or "$0". A blank line looks like you forgot to answer (sloppy) or are hiding something (shady).

2. Double Counting

Don’t list the mortgage under "Real Estate" debt AND "Unsecured Debt." List it once linked to the house.

3. Forgetting "Hidden" Assets

Commonly missed items include:

• Airline miles and credit card points (these have monetary value!)
• Security deposits on rentals
• HSA (Health Savings Account) balances
• Cash value of Whole Life insurance policies
• Pending tax refunds

The JDF 1111SS (Supporting Schedules)

If you run out of room on the main form—for example, you own 10 different stocks or have 5 credit cards—you use Form JDF 1111SS. This is just an overflow page. Don’t cram illegible text into the main form; use the schedule.

Finalizing and Filing

Once completed, you must sign the form before a Notary Public. It is a "Sworn" statement, meaning it has the same legal weight as testifying in court.

Deadline: You must provide this to your spouse (and file the Certificate of Compliance JDF 1104 with the court) within 42 days of the date the Petition was served.