Divorces can be complex. Often, divorce brings many challenges and questions. A common question Floridians ask during divorce is, “What happens to inheritance?” This is a very important question, as an inheritance can make a divorce even more complicated. If you have received an inheritance or are expecting to receive one in the future, it is vital that you understand how Florida law treats inherited property during divorce proceedings. This article addresses the issue of how inheritance is treated during Florida divorce cases. Read on!

Is Inheritance Subject to Equitable Distribution?

During a Florida divorce, assets are divided between the spouses fairly, which does not necessarily mean equally. This is known as equitable distribution. However, only marital assets are subject to equitable distribution. Under Florida law, inheritance is generally categorized as non-marital or separate property, meaning it is usually not subject to equitable distribution during a divorce. While this is the general rule, there are ways in which an inheritance can become marital property and thus subject to division during the divorce.

When Can Inheritance Become Marital Property?

The general rule in Florida is that inheritance is considered separate property during a divorce. In other words, it is regarded as the property of the spouse who received it, whether they received it before or during the marriage. However, sometimes inheritance can lose its “separate property” status and become marital property. This happens when inheritance is commingled with marital assets. Below are some ways inheritance can become commingled with marital assets;

• Mixing the inheritance with marital funds: Depositing inherited money into a joint bank account or the other spouse’s account can make it hard to prove the funds were separate.
• Adding the other spouse to the title of inherited property: If, for example, you change the title of an inherited house to include both you and your spouse, it will most likely make the house marital property.
• Improve an inheritance using marital funds: For example, if you and your spouse use marital funds to improve an inherited house or pay mortgage payments for the house, there is a high chance the house will be viewed as a marital asset. 

If you use marital money to improve an inheritance, the original inheritance remains yours, but the increase in value directly caused by the marital contributions will be considered marital property. This is according to Florida Statute Section 61.075.

Protecting Your Inheritance in a Florida Divorce

If you want to keep your inheritance from any claims by your spouse during your divorce, the following are some tips to keep in mind;

• Keep your inheritance separate: Don’t put inherited funds in joint accounts or title inherited property in both your and your spouse’s names.
• Avoid using marital funds on inherited property: For example, don’t do improvements or repairs on an inherited home using marital funds.
• Maintain clear and detailed records: Document who you got an inheritance from and how you’ve kept it as separate property.
• Consider a legal agreement: A prenuptial or postnuptial agreement can specify how inheritance should be treated in case of divorce.

Last but not least, consult a qualified family law attorney for help protecting your inheritance.

Contact a Family Law Attorney

For help protecting your inheritance in a Florida divorce, contact an experienced family law attorney at Tampa Bay Legal Center, P.A.