Will My Inheritance Be Divided in a Tallahassee Divorce?
When clients are facing divorce in Florida, one of the most common and emotionally charged questions we hear is: “Will my inheritance be divided in a divorce?” Divorce brings with it many complex decisions about property and finances, and inheritances are no exception.
Understanding how Florida courts treat inheritances in a divorce can help you protect your financial legacy and make informed choices as you navigate the dissolution of your marriage.
How Florida Divorce Law Treats Property
Florida is an equitable distribution state. In a Florida divorce, the court divides marital property fairly, but not necessarily equally. Only marital assets are subject to division.
In general, non-marital (separate) property includes:
Assets owned before the marriage
Gifts made to one spouse individually
Inheritances received by one spouse, even during the marriage
If an inheritance remains separate, it is not divided in a Tallahassee divorce.
Is an Inheritance Always Protected in a Florida Divorce?
Usually, but not always.
Under Florida law, an inheritance received by one spouse is typically considered non-marital property. However, an inheritance can lose that protection if it is commingled with marital assets or treated as shared property during the marriage.
This is where many people unintentionally create problems for themselves.
When an Inheritance Can Become Marital Property
Although inheritances are generally separate, they can lose that status and become subject to division if they are commingled with marital assets. Courts look at how the inheritance was used and maintained over time.
Common examples of commingling include:
Depositing inherited money into a joint bank account used for household expenses.
Adding your spouse’s name to the title of inherited property (like a home).
Using inherited funds to improve marital property (e.g., remodeling the family home).
Once separate property is commingled without clear documentation and intent to keep it separate, a court may determine that it has become part of the marital estate. At that point, it may be included in the equitable distribution process.
How to Protect an Inheritance During Divorce
If protecting inherited assets is important to you, how the inheritance is handled matters just as much as when it was received.
Steps that may help preserve separate property status include:
Keeping inherited funds in an account titled only in your name
Avoiding joint use of inherited money for marital expenses
Keeping clear records showing the source of funds
Avoiding retitling inherited property into joint ownership
In some cases, a prenuptial or postnuptial agreement can provide additional protection by clearly defining how inheritances will be treated if a divorce occurs.
Can a Spouse Be Entitled to Inheritance?
Absent a valid agreement (like a prenuptial or settlement agreement), your spouse generally cannot claim a portion of your inheritance simply because it was received during the marriage. Inheritances remain separate unless your actions changed that status.
However, spouses can negotiate property division terms that include a share of an inheritance as part of a settlement, but this is voluntary and contractual, not automatic under Florida law.
Why This Matters in Your Case
Inheritance issues often intersect with other complex divorce questions like retirement accounts, investment assets, and real estate. Because the rules depend on how assets were maintained and documented, a careful analysis of your situation is critical.
If you are concerned about how an inheritance will be treated in your divorce, legal guidance is essential. An experienced family law attorney can review your financial records, help you avoid unintentional commingling, and protect your legal rights throughout the divorce process.
Why This Issue Is Especially Important for Women
In many divorce cases in Tallahassee, inherited assets, such as family property, trust distributions, or financial gifts, belong to one spouse alone. In practice, those assets are often inherited by women, particularly through family trusts or long-held family property.
However, some spouses enter marriage having taken a less active role in day-to-day financial management, even though they are the legal owner of significant assets. When a divorce arises, that imbalance can create understandable concern about how to preserve inherited property and ensure it is not unintentionally treated as marital.
These cases are not about fault or financial sophistication. They are about making sure the spouse who owns inherited assets has the information and legal guidance needed to protect them, especially when decisions made years earlier may now carry legal consequences.
Working with a female divorce lawyer in Tallahassee can be helpful for clients who want a strategic, detail-oriented approach to protecting long-term financial security while navigating an emotionally challenging transition.
Frequently Asked Questions About Inheritance and Divorce in Florida
Is inheritance considered marital property in a Florida divorce?
Generally, no. Under Florida law, an inheritance received by one spouse is typically considered non-marital property, even if it was received during the marriage. Non-marital property is not subject to division in a divorce unless it has been commingled or treated as a marital asset.
Can an inheritance become marital property?
Yes. An inheritance can lose its non-marital status if it is commingled with marital assets. This often happens when inherited funds are deposited into joint accounts, used for shared expenses, or when inherited property is retitled in both spouses’ names.
Once commingled, it may be difficult to prove that the inheritance should remain separate in a Tallahassee divorce.
Does it matter whose name the inheritance is in?
Yes. Title and account ownership matter. Inherited assets kept solely in one spouse’s name are more likely to remain non-marital. Adding a spouse’s name to inherited property may be interpreted as an intent to gift part of that asset to the marriage.
Can a prenuptial agreement protect an inheritance?
Absolutely. A prenuptial (or postnuptial) agreement can clearly state that inheritances, including future inheritances, remain the separate property of the receiving spouse in the event of divorce.
For many clients, this is the most effective way to avoid disputes and uncertainty later.
Can parents require a prenuptial agreement as a condition of inheritance?
Yes, and this is becoming increasingly common in estate planning.
Parents who are concerned about protecting family wealth often include provisions in their estate plans requiring adult children to enter into a prenuptial agreement (or postnuptial agreement if already married) in order to receive an inheritance or trust distribution.
This approach helps ensure that inherited assets remain within the family and are not exposed to division in a future divorce. It can also reduce litigation and conflict if a divorce does occur.
What if I already received an inheritance but did not sign a prenup?
All is not lost. Whether an inheritance is subject to division depends on how it was handled during the marriage. A Tallahassee divorce lawyer can review bank records, property titles, and financial history to determine whether the inheritance can still be traced and protected as non-marital property.
Should I speak with a divorce lawyer before using inherited funds?
Yes. Using inherited funds without understanding the legal consequences can unintentionally convert separate property into marital property. Consulting with a Tallahassee divorce attorney before making major financial decisions can help protect your long-term interests.