In a Florida divorce, an inheritance is separate, non-marital property and is not divided between spouses, as long as it was kept in the inheriting spouse’s name alone. Under Fla. Stat. § 61.075, property one spouse inherits before or during the marriage belongs to that spouse and stays out of equitable distribution. The catch is that an inheritance can lose this protection if it gets mixed with marital money, a problem the law calls commingling.
Many people assume that everything acquired during a marriage gets split in a divorce. Inheritances are a key exception to that rule. Whether you keep your inheritance or have to share part of it usually comes down to how you handled the money after you received it, not to the size of the gift.
At Justin Andersson, P.A., we help clients across Panama City, Bay County, and the Northwest Florida panhandle protect inheritances and sort out what is truly separate property. How you managed the money often decides whether it stays yours.
Is Inheritance Considered Marital Property in Florida?
No, an inheritance is not marital property in Florida when it stays separate. Florida law treats property inherited by one spouse as that spouse’s non-marital property, which means it is not subject to division in a divorce. This is true whether the inheritance arrived before the wedding or during the marriage.
The reason is that inheritances are personal to the person who receives them. A will or a trust names a specific person, so the law respects that the gift was meant for that individual and not for the couple. The other spouse generally has no claim to it, even in a long marriage where most other property is shared.
This protection is not automatic forever, though. An inheritance keeps its separate status only if the inheriting spouse treats it as separate, and the same rules that govern marital versus non-marital assets apply here. Once the money mixes with shared marital funds, the protection can weaken or disappear entirely. The same rule applies to gifts that one spouse receives from someone other than their partner, which Florida also treats as non-marital property.
What Is Commingling and Why Does It Matter?
Commingling happens when separate property, like an inheritance, gets mixed together with marital property so thoroughly that the two can no longer be told apart. When that occurs, a court may treat the once-separate inheritance as marital property subject to division.
A common example is depositing inherited money into a joint bank account used for household expenses. Once the inheritance blends with shared income and gets spent and refilled over time, tracing what is separate becomes difficult, and a court may decide the whole account is marital.
Commingling can also happen with property. If you inherit a house and then use marital income to pay the mortgage, fund major repairs, or add your spouse to the title, part or all of that home may become part of the property that gets divided. The mixing of marital effort and money is what creates the risk. Even keeping careful notes will not help if the funds have been blended beyond any way to trace them.
How Can You Keep an Inheritance Separate?
The best way to keep an inheritance separate is to keep it completely apart from marital finances. Deposit inherited money into an account in your name only, and do not use it for shared household expenses or joint purchases. Clean separation is the strongest protection.
Good records matter just as much. Keep documents that show where the inheritance came from and how it has been held, such as the will or trust, the estate paperwork, and account statements. If a dispute arises, this paper trail lets you trace the money and prove it stayed separate. Without it, you may struggle to show a judge that the asset was ever yours alone.
Avoid adding your spouse’s name to inherited assets. Putting your spouse on the title to inherited real estate or into an inherited account can be treated as a gift to the marriage, which may convert separate property into marital property. Full and honest disclosure still applies, and trying to conceal an inheritance can look like hiding assets, so when in doubt, keep the asset in your name alone and disclose it. A short conversation with a lawyer before you move inherited money is far cheaper than a fight over it later.
Does a Prenup or Postnup Protect an Inheritance?
Yes. A prenuptial or postnuptial agreement is one of the strongest ways to protect an inheritance. In the agreement, spouses can state clearly that any inheritance either of them receives will remain separate property, no matter how it is later handled.
This kind of written agreement removes the guesswork. Instead of relying on careful account management alone, the couple has a signed contract that spells out that inheritances stay with the spouse who receives them. Courts in Florida enforce valid agreements like these.
An agreement is especially useful for someone who expects a large future inheritance, a common concern in a gray divorce later in life. Rather than worrying about commingling years down the road, that spouse can lock in the separate status of the inheritance ahead of time. Families that plan to pass down a business, farmland, or a vacation home often prefer this level of certainty.
What Happens if an Inheritance Increases in Value?
The answer depends on why the inheritance grew. If an inherited asset increases in value on its own, through passive growth like market gains on inherited stock, that increase usually stays separate property along with the original inheritance.
The rule changes when marital effort is involved. If the growth came from work by either spouse or from marital money, the increase in value may become marital property, an issue that often surfaces in a high-asset divorce. For example, if you inherit a business and your spouse helps run it during the marriage, the growth tied to that effort can be shared. The same can happen with a rental property that both spouses manage together.
This active-versus-passive distinction is often disputed. Sorting out how much of an increase came from passive growth and how much came from marital contributions can require financial records and sometimes an expert, especially with businesses, real estate, or investment accounts. The spouse who wants a share of the growth usually carries the burden of showing that marital effort caused it.
Can Your Spouse Ever Claim Part of Your Inheritance?
Yes, in certain situations your spouse can claim part of an inheritance, even though it starts as separate property. The most common way this happens is through commingling, when the inheritance is mixed with marital funds until it loses its separate identity.
Another path is when marital money or effort improves an inherited asset. If marital income pays down the mortgage on an inherited home or funds major renovations, your spouse may be entitled to a share of the increased value, even if the home itself started as separate property. This is one of the most common inheritance disputes in a Florida divorce.
A spouse can also gain a claim when the inheriting spouse voluntarily treats the inheritance as shared. Adding a spouse to a deed or account, or using the inheritance to buy a jointly titled asset, can turn separate property into marital property that gets divided. Courts often read these actions as a decision to make the inheritance part of the marriage.
Frequently Asked Questions
Yes, as long as you kept it separate. An inheritance held in your name alone and not mixed with marital funds stays your non-marital property and is not divided in a divorce.
It may become marital property. Depositing an inheritance into a joint account and using it for shared expenses can commingle the funds, which can give your spouse a claim to part of it.
No. Inheritances received before or during the marriage are both non-marital property, as long as you keep them separate from marital funds and assets.
Yes. A prenuptial or postnuptial agreement can state that any inheritance stays separate property, which is worth sorting out among the things to handle before filing for divorce.
Their effort may create a marital claim. If a spouse's work or marital money increased the value of an inherited asset, that increase can become marital property subject to division.
Talk to a Florida Family Attorney About Your Inheritance
An inheritance can stay entirely yours in a Florida divorce, or it can become a shared asset, depending on how it was handled during the marriage and how current Florida divorce law applies to your case. Protecting it takes clear records and, sometimes, careful tracing of the money before you start the filing process. Justin Andersson, P.A. helps clients across Panama City and Bay County keep inheritances separate and defend against unfair claims.