Is My Spouse Entitled to My Inheritance in a Florida Divorce? (For 2024)

Divorce can be a complex and emotionally challenging process. During a Florida divorce, spouses must address several issues. One vital thing divorcing spouses in Florida must decide is how to divide assets and finances. One issue that causes concern among many is the issue of inheritance. Individuals in Florida who have received an inheritance often wonder, “Is my spouse entitled to my inheritance in a divorce?” Deciding how to divide property between divorcing spouses is complex. When you add an inheritance to the mix, the process can become even more challenging. Fortunately, our Orlando divorce lawyers at The Arwani Law Firm are here to provide the answers you are seeking. This article discusses how Florida law treats inheritance in divorce proceedings as of 2024.

Understanding Equitable Distribution in Florida

Before discussing how Florida law treats inheritance in divorce proceedings, it is crucial to understand how Florida handles property division. Florida is among the states that follow the equitable distribution rule. This means that assets are not necessarily divided equally during a Florida divorce but in an equitable or just manner. This could be a 50-50 split, a 60-40 split, or some other percentage. Several factors determine what is considered a fair division.

When dividing property in a Florida divorce, the key thing is determining what constitutes marital property versus non-marital or separate property. During a Florida divorce, only marital property is subject to equitable distribution. Marital property is property a couple acquires during a marriage. On the other hand, non-marital or separate property is any property that one spouse owned before the marriage or acquired individually through gifts or inheritance. This means that an inheritance belongs to the spouse who received it. However, some circumstances could cause an inheritance to be considered marital property and thus subject to equitable distribution in a divorce.

When Inheritance May Be Subject to Equitable Distribution

Although inheritance is generally considered non-marital or separate property in Florida, some circumstances can transform it into marital property, thus resulting in inheritance being divided between divorcing spouses. This happens mainly through the commingling of inheritance with marital assets, or in other words when inheritance is mixed with marital assets. There are several ways that this can happen.

If inherited assets are titled jointly with a spouse, it transforms them into marital assets. For example, if you inherit money and deposit it into a separate bank account and later add your spouse’s name to that account, the funds may be considered marital property. Also, if you use inherited money to purchase a home or another asset you titled jointly, the asset may be viewed as a marital asset.

Another way inheritance can be transformed into marital property is if marital assets are used to improve the inheritance. For example, if a spouse inherited a house and used marital assets to improve the house, the house may be viewed as a marital asset.

Once inheritance is commingled, it typically cannot be transformed back to non-marital property. Even when separating commingled property is possible, the process can be complex. But just as with other marital assets, if an inheritance is commingled, it won’t be automatically divided in half. The court will consider several factors to determine a fair distribution.

Contact our Orlando Divorce Lawyers

Contact our skilled Orlando divorce lawyers at The Arwani Law Firm today for legal help.

Source:

law.cornell.edu/wex/equitable_distribution