How Are Gifts Handled During a Florida Divorce?

When you’re going through a Florida divorce, one of the main questions that may pop up is, “What happens to the gifts we received or gave each other while married?” You might be worried about losing jewelry or money you got from a family member or a car that your partner gifted you. While you might know that in Florida, marital property is subject to equitable distribution, whereas non-marital property is not, it can be hard to understand which category gifts fall under. Understanding how Florida handles the division of gifts can clear up the confusion. It can ensure your settlement agreement is fair. So if you and your spouse are getting a divorce, keep reading for what you need to know about how gifts are handled during a Florida divorce.

Marital vs. Non-Marital Assets in Florida

During a divorce, assets can be classified as either marital or non-marital for purposes of dividing them. Florida law defines marital assets as those assets and liabilities incurred during the marriage, individually by one spouse or jointly by both spouses.

However, not everything obtained during the marriage is automatically considered marital property. Some assets may still be regarded as non-marital depending on where they came from and how they were used. Gifts, particularly, can be a complex subject.

Below is how Florida courts typically classify and handle gifts during divorce.

Interspousal Gifts

Interspousal gifts are gifts exchanged between spouses during the marriage. Florida law considers these gifts marital property even if the gift was clearly intended for only one spouse. Florida Statutes Section 61.075(6)(a1)(d) specifically includes a marital asset called “Interspousal gifts during the marriage.” So, if, for example, your spouse gave you a car for your anniversary or a piece of expensive jewelry, these gifts are generally treated as both your and your spouse’s property.

Because interspousal gifts are considered marital property, they are subject to division during divorce. The good news is that you and your spouse can agree on how to divide your gifts. For example, you can either sell the asset and split the money or one of you can retain the property and let the other keep property of equal value.

Non-Interspousal Gifts

Gifts received from third parties, such as parents, friends, or siblings, are considered non-marital property, meaning they belong solely to the spouse who received them. Examples include:

• Inheritances
• Birthday gifts from family or friends
• Money given specifically to you by a parent
• Jewelry or valuable items gifted to you by a friend or family member

However, sometimes a gift can start as non-marital and later become marital. This can happen if:

• The gift is mixed with marital property, such as mixing gifted money with joint funds
• The gift is used to make improvements to marital property, such as a marital home
• Martial funds or efforts are used to increase the value of a gifted item, such as an inherited home.

These situations can make property division more complicated, which is why it is crucial to keep proper documentation and ensure careful handling of gifts.

Contact an Orlando Property Division Lawyer

If you’re going through a divorce and have questions about what will happen to gifts you received from your spouse or a third party, please call 407-254-0060 to speak with a qualified Orlando property division lawyer at The Arwani Law Firm about your concerns.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html#:~:text=d.%E2%80%83Interspousal,to%20marital%20property.