In a Florida divorce, assets that usually cannot be divided are called nonmarital assets. These may include property owned before the marriage, certain inheritances, gifts given only to one spouse, and assets protected by a valid agreement. Florida courts first separate marital property from nonmarital property, then divide only the marital assets and debts under the state’s equitable distribution rules.
Florida Is an Equitable Distribution State
Florida does not automatically split everything 50/50 in a divorce. Instead, Florida follows equitable distribution, which means marital assets and debts are divided fairly. The court starts with the idea that marital property should be divided equally, unless there is a reason for a different division based on the facts of the case.
Before anything is divided, the court must identify which assets are marital and which are nonmarital. Nonmarital assets are generally set aside for the spouse who owns them.
Common Assets That May Be Considered Nonmarital
While every situation is different, the following types of property are commonly treated as nonmarital in Florida:
1. Property Owned Before the Marriage
If one spouse owned a house, vehicle, bank account, or other asset before getting married, it may be considered nonmarital property. However, if marital money was later used to pay for it, improve it, or maintain it, part of the value may become an issue in the divorce.
2. Inheritances Received by One Spouse
An inheritance left to one spouse may remain nonmarital if it was kept separate. Problems can happen when inherited money is deposited into a joint account or used for marital expenses.
3. Gifts Given Only to One Spouse
A gift given specifically to one spouse by someone outside the marriage may be treated as nonmarital. Like inheritances, this can become complicated if the gift is mixed with marital property.
4. Assets Protected by an Agreement
Some couples have written agreements, such as prenuptial or postnuptial agreements, that identify certain property as separate. These agreements may affect what is divided during the divorce process.
5. Certain Separate Debts
Nonmarital property is not the only issue. Some debts may also be considered nonmarital if they were created before the marriage or kept separate from the marital household.
When Separate Property Can Become Complicated
One of the biggest mistakes people make is assuming that separate property is always protected. In reality, an asset can become harder to classify if it has been mixed with marital money or used by both spouses.
This is often called commingling. For example, if one spouse receives an inheritance and deposits it into a joint bank account, it may become more difficult to prove that the funds were kept separate. The Florida Bar has discussed how commingling can change or complicate the character of marital and nonmarital funds in equitable distribution cases.
Retirement Accounts Can Be Partly Marital
Retirement accounts are another area where people get confused. A retirement account may have existed before the marriage, but contributions or growth during the marriage may be considered marital. Florida law states that benefits and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans may be marital assets subject to distribution.
Why Documentation Matters
In any Florida divorce, paperwork matters. Bank statements, account records, deeds, beneficiary forms, loan records, and proof of ownership can help show when an asset was acquired and how it was handled.
Missing or incomplete documents can create delays and confusion. This is one reason many people seek help organizing their paperwork before filing or responding to a case.
How a Non-Lawyer Paralegal Can Help
A Non-lawyer Paralegal cannot give legal advice. However, we can help prepare and organize divorce paperwork based on the information the client provides.
Accurate Noel Services assists clients in Florida with document preparation for family law matters, including divorce paperwork, financial forms, and supporting documents. If you need help getting your paperwork organized, completed clearly and affordably. Accurate Noel Services can assist with the document side of the process.
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