Is Inherited Property Divided in Florida Divorce? Protecting Your Inheritance in 2026

The Short Answer: Inherited Property Is Usually Protected in Florida Divorce

In Florida, inherited property is generally classified as non-marital property and is not subject to division in divorce. This protection comes directly from Florida Statute 61.075(6)(b), which explicitly excludes assets acquired separately by either party by inheritance from the definition of marital assets.

But here is the critical caveat that catches many people off guard: this protection is not automatic, and it is not permanent. In my experience handling inherited property divorce florida cases, I have seen countless clients lose inheritance protections they assumed were ironclad simply because they did not understand how Florida law actually works.

The inheritance you received from your grandmother, your father's life insurance payout, that beach property your aunt left you - all of these can become partially or fully marital property if you are not careful. Let me explain exactly how this happens and what you can do to protect yourself in 2026.

How Florida Law Classifies Inherited Property

Florida follows the equitable distribution model for dividing assets in divorce. Under Florida Statute 61.075, the court must first identify which assets are marital property (subject to division) and which are non-marital property (belonging solely to one spouse).

What Qualifies as Non-Marital Inherited Property

According to Florida law, your inheritance remains your separate property when:

• You inherited it before or during the marriage
• You can trace it back to the original inheritance
• You have not commingled it with marital assets
• You have not used marital funds to maintain, improve, or pay debts on it
• You have not added your spouse to the title

The burden of proof falls on the spouse claiming the asset is non-marital. This is a crucial point that many people overlook. You must be able to demonstrate through clear documentation that the inheritance has maintained its separate character throughout your marriage.

The Legal Standard: Clear and Convincing Evidence

Florida courts require clear and convincing evidence to classify an asset as non-marital. This is a higher standard than the typical preponderance of the evidence used in most civil cases. In practical terms, this means you need solid documentation showing the inheritance and tracking how it has been handled since you received it.

The Four Ways Your Inheritance Loses Protection

Understanding these scenarios is essential for anyone dealing with inherited property divorce florida issues. Each of these situations can transform your separate inheritance into marital property subject to division.

1. Commingling: The Most Common Mistake

Commingling occurs when you mix inherited funds with marital assets. This happens more easily than most people realize.

For example, say you inherit $200,000 and deposit it into your joint checking account. Even if you later withdraw that exact amount, proving it is the same funds becomes extremely difficult. The inheritance has been tainted by mixing with marital money used for groceries, mortgage payments, and other shared expenses.

In one case I handled in Miami-Dade County, a client inherited $150,000 and deposited it into a joint savings account, intending to keep it separate by not spending it. Unfortunately, because the account was jointly held and interest from the account was treated as marital income, the court found significant commingling had occurred.

2. Titling Property in Both Names

When you add your spouse to the title of inherited property, you are essentially making a gift to the marriage. Florida courts interpret this as an intentional decision to convert separate property into marital property.

This frequently happens with inherited real estate. You inherit your parents' home and, wanting to show trust in your marriage, add your spouse to the deed. Years later, when divorce occurs, that property is now at least partially marital.

3. Using Marital Funds for Maintenance and Improvement

Even if you keep inherited property in your name alone, using marital funds to maintain or improve it can create a marital interest in the property. This concept is called enhancement in value under Florida Statute 61.075(6)(a)(1).

Consider this scenario: You inherit a rental property worth $300,000. Over ten years of marriage, you and your spouse use marital income to pay property taxes, make repairs, and renovate the kitchen. The property is now worth $450,000. While the original $300,000 may remain non-marital, your spouse likely has a claim to a portion of that $150,000 increase in value.

4. Passive Appreciation and Active Appreciation

Florida distinguishes between passive appreciation (market forces) and active appreciation (efforts of either spouse or use of marital funds).

Passive appreciation of non-marital property generally remains non-marital. If your inherited beachfront lot increased in value solely due to market conditions, that appreciation typically stays yours.

However, active appreciation is marital. If that same lot increased in value because you or your spouse cleared it, obtained permits, or made improvements using marital funds or effort, that portion of the appreciation becomes marital property.

Protecting Your Inheritance: Practical Strategies for 2026

If you have received or expect to receive an inheritance, taking proactive steps now can save you significant heartache later. Here are the strategies I recommend to clients concerned about inherited property divorce florida issues.

Keep Inherited Assets Completely Separate

The single most important step is maintaining complete separation:

• Open a separate bank account in your name only for inherited funds
• Never deposit marital income into this account
• Do not use inherited funds for marital expenses
• Keep inherited real estate titled solely in your name
• Maintain separate records and statements

Document Everything From Day One

Create a paper trail that clearly establishes:

• The source of the inheritance (will, trust documents, estate settlement)
• The date you received it
• The exact amount or property description
• How you have maintained it separately
• Any transactions involving the inherited assets

Consider a Postnuptial Agreement

If you are already married and receive an inheritance, a postnuptial agreement can provide additional protection. This legal document, signed by both spouses, can explicitly state that the inheritance is and will remain non-marital property.

While Florida courts generally enforce postnuptial agreements, they must meet certain requirements including full financial disclosure, voluntary signing, and reasonable terms. A strategy session can help you determine if this option makes sense for your situation.

Use Inherited Funds for Non-Marital Purposes

If you must use inherited funds during the marriage, consider using them for purposes that do not create marital interests:

• Purchasing assets titled solely in your name
• Investing in accounts held only in your name
• Paying down separate pre-marital debt

What Happens When Inherited Property Is Partially Commingled

Reality is rarely black and white. Many cases involve partial commingling where some separation was maintained but not perfectly. Florida courts use a tracing analysis to determine what portion, if any, remains non-marital.

The spouse claiming non-marital status must trace the asset back to its non-marital source. If you inherited $100,000, deposited it into a separate account, but occasionally transferred small amounts to your joint account, you may still be able to prove most of the inheritance remains non-marital.

However, if records are incomplete or the funds have been so thoroughly mixed that tracing is impossible, the entire asset may be deemed marital. Courts do not guess - if you cannot prove the non-marital character, you lose the protection.

This situation relates closely to concerns about hiding assets in florida divorce, as thorough financial discovery will uncover both commingled inheritances and any attempts to conceal assets.

Inherited Property and the Marital Home

A particularly complex situation arises when inherited funds are used toward the marital home. If you used inheritance money for the down payment on a jointly-titled home, you likely have a non-marital claim to that portion of the equity.

However, proving this claim requires documentation of the original inheritance, the transfer to purchase the home, and calculations showing how that initial investment has grown relative to the overall equity. This analysis becomes especially important when understanding what happens to the house in a Florida divorce.

Similarly, if your spouse is seeking to refinance during divorce proceedings, understanding these non-marital claims is essential. Our article on marital home refinance in divorce explores these issues in detail.

Inheritance and Alimony Considerations

While inherited property may not be divided in equitable distribution, it can still affect alimony determinations. Florida courts consider each spouse's financial resources, including non-marital assets, when determining alimony.

If you have a substantial inheritance, your spouse may argue this should reduce or eliminate their alimony obligation since you have separate resources to support yourself. Conversely, if your spouse has significant inherited wealth, this could support a higher alimony award to you.

For those concerned about ongoing support obligations, understanding factors like alimony and cohabitation in Florida provides important context for how support can be modified after divorce.

Debt and Inherited Property

Inherited property can also become entangled with marital debt. If marital funds were used to pay debts associated with inherited property - property taxes, mortgages, maintenance costs - this creates arguments for marital interest in the property.

Conversely, if inherited funds were used to pay down marital debts, you may have an argument for reimbursement from marital assets. Understanding Florida divorce debt division helps clarify how these financial flows are analyzed.

Steps to Take If You Are Facing Divorce With Inherited Assets

If divorce is on the horizon and you have inherited property, take these steps immediately:

A thorough consultation early in the process can help you understand your rights and avoid costly mistakes.

The Importance of Expert Testimony

Complex inherited property cases often require forensic accountants or financial experts to trace assets and calculate non-marital interests. These experts can:

• Analyze bank records to trace inherited funds
• Calculate passive versus active appreciation
• Determine the marital interest in enhanced property
• Provide court testimony supporting your position

While expert witnesses add cost, they are often essential in high-value inheritance cases where the stakes justify the investment.

What Wives and Husbands Should Know

Protection of inherited property applies equally regardless of gender. The same rules that protect your inheritance also protect your spouse's inheritance. Understanding what a wife is entitled to in Florida divorce provides broader context for how assets are divided overall.

In equitable distribution, the focus is on fair division of marital property while respecting each spouse's legitimate separate property claims. Neither spouse has an automatic right to the other's inheritance, but both must be vigilant about maintaining that separate character.

Final Thoughts: An Ounce of Prevention

Inherited property divorce florida issues are far easier to prevent than to fix after commingling has occurred. If you have inherited assets or expect to receive an inheritance, the time to protect it is now - not when divorce papers are filed.

The key principles are straightforward: keep inherited assets separate, document everything, and understand that any mixing with marital property or effort can compromise your protection. When in doubt, consult with a Florida family law attorney who can review your specific situation and provide guidance tailored to your circumstances.

This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.