Gifts, Inheritances, And Property Division In A Fort Lauderdale Divorce

When getting a divorce in Fort Lauderdale, property and assets accumulated during the marriage are subject to equitable division. If you received an inheritance or a meaningful gift from a parent, other relative, or even your spouse, you may be wondering whether it’s yours to keep.

The Broward County Family Court considers various factors when deciding whether to include gifts and inheritances in property division. Our experienced Fort Lauderdale property division attorney explains how Florida law applies.

How Florida Law Classifies Gifts and Inheritances in a Fort Lauderdale Divorce

Florida follows the equitable division rule in divorce. The Broward County family court divides marital assets fairly between spouses, but not everything you own is automatically subject to that division.

Under Florida Statutes Section 61.075, assets are classified as either marital or nonmarital, and that distinction determines whether a gift or inheritance stays with you or gets divided.

Here is how Florida law draws the line on gifts and inheritances:

• Gifts or inheritances from third parties received by one spouse alone are nonmarital property and generally not subject to division in a Fort Lauderdale divorce.
• If a gift or inheritance is mixed or commingled with marital funds, such as in a joint account or by using it for shared expenses, it may be subject to equitable division.
• Gifts or inheritances made to both spouses together are marital assets and are divisible, as are gifts between spouses.
• You bear the burden of proving whether a gift is marital or separate property, which requires documentation and clear financial records.

Keeping individual gifts and inheritances completely separate from joint finances throughout the marriage is the most reliable way to protect them in Broward County divorce proceedings.

How To Protect Gifts and Inheritances in Your Fort Lauderdale Divorce

If you received gifts or an inheritance during your marriage and are now considering a divorce, it is essential to act quickly to document and protect those assets. Take these steps:

• Make an inventory of all marital and nonmarital assets, including gifts and inheritances.
• Gather any documentation that establishes the gift or inheritance was given to you individually, such as a card, letter, bank transfer record, or written statement from the giver.
• Keep these assets separate from marital funds, since money deposited into a joint account or used for shared expenses may be harder to protect.
• Consider creating a postnuptial agreement to protect these assets.

The sooner you take inventory of and document all marital and nonmarital assets, the better positioned you will be throughout the equitable distribution process.

Contact Our Experienced Fort Lauderdale Divorce Attorney Today

Property division in a Broward County divorce is rarely straightforward, especially when gifts, inheritances, and separate assets are involved. Whether you want to protect what is rightfully yours or ensure you receive a fair share of marital property, contact the Law Office of Sandra Bonfiglio, P.A.

Our experienced Fort Lauderdale divorce attorney provides trusted legal guidance to clients throughout Broward County. Call or contact us online today to schedule a consultation.

Sources:

flsenate.gov/Laws/Statutes/2024/61.075

browardclerk.org/Divisions/Family