When you file for divorce in Florida, you must address several issues related to ending your marriage. Dividing marital assets is one of those issues. Unfortunately, spouses may disagree on how to divide their property when they divorce. A common dispute is whether some assets are marital assets or separate assets.
Inheritance can be a complicated matter during a divorce. If a spouse receives an inheritance, is the other spouse entitled to a portion of the inheritance during a divorce? An Orlando divorce lawyer explains inheritance and divorce in this blog.
What Is an Inheritance?
When someone dies, their property is transferred to their heirs. Inheritance refers to the money and property received through another person’s estate.
If the person has a Last Will and Testament (“will”), the property is distributed to the people named in the will. The people in the will may or may not be relatives. However, if someone dies without a will, Florida’s intestate laws govern who receives their property.
What Happens to Inheritance Received After a Divorce in Florida?
After your divorce, any inheritance you receive belongs to you. Your ex-spouse is not entitled to any inheritance you receive as an heir of someone’s estate unless you have a binding agreement that states otherwise.
For example, you could include in a divorce settlement that you will pay your ex-spouse a specific amount of an inheritance you expect to receive after the divorce. You are not legally required to do so, but it could be a negotiating tactic for a divorce settlement.
An inheritance received before your divorce may or may not be subject to property division. It depends on whether you maintain the inheritance as separate property throughout your marriage.
Marital Property vs. Separate Property in Florida
Marital property is subject to equitable asset distribution in a Florida divorce case. Marital property is subject to property division. This property is divided between the spouses based on what is fair and equitable.
A “fair” property division may be a 50-50 split between the spouses. However, a judge may determine that a fair division of marital property is an unequal split.
Marital property generally includes assets that the couple acquires during the marriage. Non-marital or separate assets are not subject to property division. Those assets include:
- Gifts from someone other than a spouse
- Property owned before the marriage
- Inheritances (i.e., property received through devise, descent, or bequest)
Therefore, inheritances are usually not subject to equitable division during a divorce. However, there are exceptions to this rule.
Can My Spouse Receive a Portion of My Inheritance During a Florida Divorce?
You must maintain a separate inheritance status to prevent it from being subject to property division. Therefore, your spouse could receive a portion of your inheritance during a divorce if you commingled the inheritance with marital property. There are many ways to co-mingle inheritance with marital property, including:
- Depositing inherited money into a joint bank account
- Titling inherited property in your name and your spouse’s name
- Conveying an interest in inherited property to your spouse
- Using marital funds to maintain or repair inherited property, such as fixing up a home you inherited from your parents
- Using a joint bank account to pay lien payments on inherited assets
- Using inherited property to purchase assets title jointly
A court may determine that commingled inheritance is subject to property division. Once the property is commingled, the court will unlikely separate it for a divorce.
Protecting Inheritance From Property Division in a Divorce
To maintain your inheritance as a separate property, you must be careful how you use, invest, and title the property. Because it is easy to co-mingle inherited property, you should talk with a divorce lawyer as soon as possible. An attorney can help you take steps to protect your inheritance.
For example, an attorney may advise you to enter a postnuptial agreement with your spouse. You can negotiate the terms for property division if you divorce later, including protecting your inheritance. If your spouse will not sign a postnuptial agreement, a divorce attorney can advise you on other steps to protect inherited property.
Do You Have Questions About Property Division in a Florida Divorce?
An experienced divorce attorney can guide you through the complexities of property division in Florida, ensuring that your inheritance remains protected. If you’re concerned about your inheritance being subject to division, taking proactive steps, such as avoiding commingling assets and considering a postnuptial agreement, can be crucial. A skilled lawyer can help you navigate these decisions and ensure that your rights are upheld during the divorce process. If you have any questions about inheritance or property division, don’t hesitate to reach out to a qualified attorney who can provide personalized legal advice for your situation.
Contact the Orlando Divorce Law Firm of Conti Moore Law Divorce Lawyers, PLLC, for Help Today
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203