How to Protect Inheritance in a Florida Divorce

After years of saving, your parents leave you money to help with your future. Or maybe your grandparents passed down the family beach house that holds so many memories.

Then your marriage hits rocky waters.

During divorce, one worry rises above many others: “Will I lose my inheritance too?”

The money or property from your family feels different from other assets – because it is. Let’s look at what Florida law says about inheritance in divorce and the simple steps you can take to protect what your family meant for you alone.

Can My Spouse Take My Inheritance in a Florida Divorce?

Good news – the short answer is generally no. In Florida, inheritances are usually considered “separate property” that belongs only to the person who received it.

According to Florida Statute §61.075, assets received by “noninterspousal gift, bequest, devise, or descent” (fancy legal words for inheritance) are not marital assets. This means they’re typically not divided during divorce.

As the Florida Supreme Court noted in the case Farrior v. Farrior, “gifts and inheritances to one spouse are non-marital assets” that belong only to the person who received them.

But there’s a big catch – this protection only works if you keep your inheritance separate from marital money and property.

When Your Inheritance Might Not Be Protected

Your inheritance can lose its special protection and turn into marital property that gets split in a divorce if you:

1. Mix It With Marital Money (Commingling)

The biggest danger comes from mixing inheritance money with regular family money. Examples include:

• Putting inheritance cash into a joint bank account
• Using inheritance money to pay family bills
• Buying things for both of you using the inheritance money

2. Change The Name On The Title

If you inherited a house or land and then added your spouse’s name to the deed, you’ve likely turned it into marital property.

3. Use Marital Money To Improve Inherited Property

If you inherited a house but used money from your joint account to fix it up, your spouse might be entitled to part of the increased value.

4. Give It As A Gift To Your Spouse

If you tell your spouse, “This inheritance is for both of us,” or otherwise show you intended to share it, a court might see this as a gift to the marriage.

These situations happen more often than you might think. Even small mistakes in handling your inheritance can put it at risk during divorce.

5 Ways to Keep Your Inheritance Safe in a Florida Divorce

If you want to make sure your inheritance stays yours during divorce, follow these five simple steps:

1. Keep It Separate – Always

The golden rule for protecting inheritance is to keep it completely separate:

• Put inheritance money in a bank account with only your name on it
• Never mix inheritance money with family money, even temporarily
• Pay for inherited property expenses (taxes, repairs) from your separate account

2. Track Everything With Clear Records

Keep all papers showing where your inheritance came from:

• The will or trust document naming you
• Bank statements showing the initial deposit
• Records of how you kept the money separate

Good records make all the difference if your spouse tries to claim part of your inheritance.

3. Consider a Postnuptial Agreement

If you’ve already received an inheritance during marriage, a postnuptial agreement can clearly state that it remains your separate property. This is a legal contract between you and your spouse that a Florida court will usually honor.

4. Think About a Trust

If you know you’ll get an inheritance in the future, talk to the person giving it about using a trust instead of a direct gift. A properly set up trust can provide extra protection during divorce.

5. Be Careful What You Say About Your Inheritance

Avoid saying things like “our inheritance” or “the money we got from my parents.” These statements could be used to show you meant to share the inheritance with your spouse.

What If I Already Mixed My Inheritance With Marital Assets?

If you’ve already combined your inheritance with family money, all may not be lost. You might be able to “trace” your inheritance through good records:

• Show exactly how much you inherited
• Prove when and how it was received
• Track where the money went

Florida courts sometimes allow “unequal distribution” of marital assets if you can show that much of the value came from your inheritance.

FAQs

What if I received my inheritance before we got married?

Inheritance received before marriage is also your separate property. But again, if you mix it with marital funds or put it in joint names, it could become marital property.

Can a prenuptial agreement protect future inheritances?

Yes. A prenup can state that any inheritances received during marriage remain separate property.

If I used inheritance money to buy our family home, is it still protected?

Probably not. Once inheritance money is used to buy a family home that’s in both names, it typically becomes marital property. But you might be able to get credit for your separate contribution if you have good records.

Does my spouse’s behavior affect inheritance division?

Sometimes. Under Florida law, a judge can consider factors like adultery or wasting marital assets when deciding how to divide property. But this isn’t automatic – you’ll need to show why this should affect your case.

If my parents left money to both me and my spouse, is that marital property?

If your parents specifically named both you and your spouse in their will, that inheritance is likely marital property that will be divided in a divorce.

Call Nest Law To Protect Your Inheritance in Divorce

Don’t risk losing your inheritance to your ex-spouse. At Nest Law, we help people like you protect important family assets during divorce.

Our family law attorneys know how Florida courts handle inheritance cases. We’ll work to help you:

• Keep your inheritance separate from marital property
• Create legal agreements that protect your family money
• Show the court why your inheritance should stay yours
• Find solutions if you’ve already mixed inheritance with family money

Call Nest Law today for a confidential case evaluation.

This blog post is for informational purposes only and should not be considered legal advice. For guidance regarding your specific situation, please consult with a qualified Florida family law attorney.