Can I Keep Inherited Assets if We Divorce?

 Posted on July 25, 2025 in Property Division

When divorce is on the horizon, one of the first things people worry about is their money, especially anything they did not earn during the marriage. If you inherited money or property from a parent, grandparent, or other loved one, you may wonder whether your spouse can claim a share. In Florida, the answer is usually no, but there are important exceptions that could change that.

Under Florida statute 61.075, inheritances are considered separate property. This means they are not subject to division during a divorce, even if the inheritance was received during the marriage. However, inherited assets can lose their separate status depending on how they are handled. Our Miami, FL divorce attorneys skillfully handle high net worth divorces and can help you think through your options for managing separately owned assets. Call us today at 305-520-7874.

When is an Inheritance Considered Separate Property in Florida?

Florida is an "equitable distribution" state, meaning the court divides marital property fairly in a divorce. This means it might not be divided equally, depending on how you and your spouse contributed to the marital estate, and this is especially true for property that is not considered marital.

Inheritances are presumed to be separate property as long as they were received by one spouse individually, they were not commingled with marital funds, or they were not gifted to the marriage. So, for example, if you received a check in your name only and kept it in a separate account that your spouse never accessed, you are more likely to retain it in a divorce. If you inherited a house and kept your spouse off the deed, the court is more likely to treat it as yours alone.

When Can an Inheritance Become Marital Property?

Inherited property can become marital and subject to division if you treat it like shared property. This is known as "commingling." For example:

• You deposit inherited money into a joint bank account used for household expenses.

• You use inheritance funds to renovate the family home.

• You add your spouse’s name to the title of inherited real estate.

Florida courts will look at how the property was treated and whether there is evidence that you intended it to be shared. If you mingled your inheritance with marital funds or changed its title, you may have unintentionally converted it into marital property.

Can I Protect an Inheritance I Have Not Received Yet?

If you expect to receive an inheritance in the future, it is wise to plan ahead. While you cannot claim an inheritance before it is legally yours, you can take steps to protect it once received. Keep it in a separate account, do not use it for marital purposes, and avoid titling anything jointly. If you want to preserve your rights clearly, consider a postnuptial agreement, which is a legal document that outlines how assets, including inheritances, will be treated in the event of divorce.

What if We Have Already Spent the Inheritance?

Once inherited money is spent on marital expenses, it usually cannot be reclaimed as separate property. For instance, if you used inheritance funds to pay off a joint mortgage, those funds are likely gone for good. In some cases, the court may consider this during the equitable division process and award you a greater share of any remaining property, but this is not guaranteed.

Contact a Miami, FL Divorce Attorney

To understand how your inheritance might be treated in your divorce, contact a Miami, FL divorce lawyer at Miami Family Law Group, PLLC. The firm can review your assets and help you develop a strategy for protecting your inheritance. Call us at 305-520-7874.