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Is an inheritance a marital asset?

Originally published on February 2015, updated November 2023

During a marriage, couples often acquire property and assets. In a divorce, that property and those assets are often divided. But what about an inheritance?

Is my inheritance considered a marital asset in Florida?

Inheritances, typically received by an individual through bequests or gifts, are often viewed as separate property in Florida. However, navigating the complexities of marital asset division requires a nuanced understanding of Florida’s legal landscape.

Under Florida law, marital assets are subject to equitable distribution during a divorce. While inheritances are generally considered separate property, factors such as commingling or using the inheritance to benefit the marriage can complicate matters. It is essential to consult with experienced family law attorneys who can help guide clients through the intricacies of asset division.

The determination of whether an inheritance is deemed a marital asset hinges on various factors, including how the inheritance was managed and utilized during the marriage. If the inheritance was deposited into a joint account or used for joint expenses, it may be considered commingled with marital assets.

At the DeWitt Law Firm, our seasoned family law attorneys understand Florida’s unique challenges associated with inheritance and marital asset division. We are committed to providing expert guidance to ensure our clients navigate these complexities effectively. If you find yourself facing a divorce and grappling with questions about inheritance and marital assets, consult the experienced legal professionals at DeWitt Law Firm to safeguard your rights and secure a fair distribution of assets tailored to your unique circumstances.