In Florida, an inheritance generally remains separate property during a divorce, even if you received it while you were married. However, inherited money or property can become subject to equitable distribution if it is mixed with marital assets or treated as shared property during the marriage. Whether you want to protect an inheritance or believe you have a claim to your spouse’s inheritance, the outcome often depends on how the asset was handled. At Bernal-Mora & Nickolaou, P.A., our Orlando divorce attorneys help clients protect inherited assets, resolve property division disputes, and understand their rights under Florida law.
Why Choose Bernal-Mora & Nickolaou?
Questions about inheritances often become some of the most contested issues in a divorce. Having experienced legal guidance can make a significant difference in protecting your financial interests.
Clients choose our firm because we:
- Have two founding attorneys who are Board Certified in Marital and Family Law by The Florida Bar, a distinction earned by only a small percentage of Florida attorneys.
- Focus our practice exclusively on family law, allowing us to devote our full attention to divorce and related matters.
- Keep both founding attorneys personally involved in every case from beginning to resolution.
- Bring more than two decades of combined experience handling complex property division disputes.
- Offer free case evaluations and can assist Spanish-speaking clients.
Is an Inheritance Considered Separate Property in Florida?
Florida follows the principle of equitable distribution under Florida Statute 61.075. Only marital assets and debts are divided in a divorce, while separate property generally remains with the spouse who owns it.
An inheritance is typically considered separate property, whether received before or during the marriage, as long as it is kept separate and not converted into marital property. This applies to inherited money, real estate, investments, and personal property. Receiving an inheritance during your marriage does not automatically give your spouse an ownership interest.
When Can an Inheritance Become Marital Property?
The most common reason an inheritance loses its separate status is commingling. This occurs when inherited assets are mixed with marital property in a way that makes them difficult to distinguish or demonstrates an intent to share ownership.
Examples include:
- Depositing inherited money into a joint bank account.
- Adding your spouse’s name to the title of inherited real estate or a vehicle.
- Using marital income to renovate or substantially improve inherited property.
- Selling inherited assets and using the proceeds to purchase marital property or pay joint debts.
- Treating inherited property as a shared family asset while regularly investing marital funds into its maintenance or improvement.
Does an Inherited Asset’s Increase in Value Stay Separate?
Often, yes. However, if marital funds or the efforts of either spouse contributed to the increase in value, part of that appreciation may become subject to equitable distribution. Whether that occurs depends on the specific facts of the case.
How Can You Protect an Inheritance During Divorce?
Protecting an inheritance generally means keeping it separate from marital assets throughout the marriage.
Some practical steps include:
- Keeping inherited funds in a separate account.
- Maintaining documentation showing the source of the inheritance.
- Avoiding transfers into joint accounts unless you intend to share ownership.
- Keeping inherited real estate titled solely in your name when appropriate.
- Considering a prenuptial or postnuptial agreement that clearly identifies inherited property as separate.
If divorce proceedings have already begun, we can review your financial records and determine whether the inheritance has remained separate under Florida law.
Can You Claim an Interest in Your Spouse’s Inheritance?
Possibly. Whether you have a claim depends on how the inheritance was handled during the marriage. Courts may consider whether it was commingled with marital assets, whether marital funds increased its value, and whether it was treated as shared property.
In some cases, spouses resolve inheritance disputes by agreeing to a different division of other marital assets. This approach can preserve inherited property with sentimental value while avoiding additional litigation.
Protect Your Inheritance With Help From Bernal-Mora & Nickolaou
The way inherited property was managed during your marriage can significantly affect what happens during your divorce. Whether you’re protecting an inheritance or determining whether you have a claim to your spouse’s, Bernal-Mora & Nickolaou, P.A. can help you understand your rights and pursue a favorable outcome.
We represent clients throughout Orlando in divorce and equitable distribution matters and provide practical guidance tailored to your circumstances. Contact us today to schedule your free case evaluation and discuss the next steps.
Frequently Asked Questions
Do I have to disclose my inheritance during a Florida divorce?
Yes. Florida’s mandatory financial disclosure rules generally require both spouses to disclose all assets, including inheritances, even if you believe the inheritance is separate property.
Does an inheritance affect alimony?
It can. While an inheritance itself is not automatically divided, the income it generates or the financial resources it provides may be considered when the court evaluates alimony.
Can an inheritance lose its separate status years after I receive it?
Yes. An inheritance may lose its separate status if it is later commingled with marital assets or treated as shared property during the marriage.
