Are Inheritances Divided During Divorce in Florida?

When going through a divorce, there are many different issues you will have to resolve. One of the most contentious of these is the division of marital property. It is not uncommon for spouses to disagree on the division of property. One spouse may argue that they have the right to a larger share of marital property, or the couple may not agree on what property is classified as marital and what is separate.

If one spouse had received an inheritance at any time during the marriage, this can complicate matters even further. The recipient may believe it is unfair to give their spouse a portion of their loved one’s estate, while the other spouse may believe they are entitled to at least a portion of the inheritance. Below, our Orlando property division lawyer outlines when inheritances may be divided during divorce.

Spouses are Not Automatically Entitled to Inheritances in Divorce

The law in Florida states that spouses going through a divorce are not entitled to any portion of their partner’s inheritance unless the couple has drafted a legally binding agreement stating otherwise.

For example, you may have drafted a prenuptial agreement before you got married. This document may state that you will give a portion of your inheritance to your spouse in the event of divorce. Generally speaking, spouses are not automatically entitled to any portion of their partner’s inheritance unless the recipient of it has agreed to it.

Exceptions that May Divide Inheritances During Divorce

Although your spouse is not automatically entitled to any portion of your inheritance, there is an exception. This is if you have commingled your inheritance with marital property. During property division hearings, only marital property is subject to division. If you commingle the asset, it can become impossible to determine what portion of that asset is separate property and what portion is marital property. The following tips can help you avoid commingling an inheritance with marital property:

• Do not keep your inheritance in a joint bank account but instead, open a separate bank account in your name only.
• Do not add your spouse’s name to the title of inherited property, such as a home.
• Do not use marital funds to maintain or repair inherited property, such as your parent’s home.

In addition to inheritances, the law also applies to gifts received from someone other than your spouse and any property you acquired prior to marriage, such as a business you started before you were married. As such, it is important to follow the above tips for these types of property, as well.

Our Property Division Lawyer in Orlando Can Protect Your Rights

Property division can become very combative during divorce. At Anderson & Ferrin, P.A., our Orlando property division lawyer can help you identify your goals, ensure your rights are protected, and help you secure the property that is most important to you. Call us today at 407-412-7041 or fill out our online form to schedule a consultation with our experienced attorney and to get the legal advice you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html