When couples begin the divorce process, one of the first and most emotional issues to sort through is money. One question we hear all the time is:

“If my spouse's name isn't on my bank account, is that money still considered marital?”

The short answer? Maybe — and in many cases, yes.

Let's break it down:

Florida Is an Equitable Distribution State

In Florida, the law says that anything acquired during the marriage — assets or debts — is presumed to be marital property, unless you can prove otherwise. That includes:

• Bank accounts
• Real estate
• Retirement accounts
• Vehicles
• Businesses
• And yes… even money in a savings account that your spouse's name is not on.

So, even if you and your mom opened the account years ago, and your spouse has never touched it, the key question is this:

Did any money get deposited into that account during the marriage?

If the answer is yes — and that money came from income you earned during the marriage — then that portion of the account may be considered marital and subject to division.

Understanding “Commingling”

You might be thinking:

“But the account is mine! It was opened in college with my mom. He was never part of it!”

That's a fair point — but if money earned during the marriage was placed into the account, even an old account can become “commingled.”

Commingling happens when marital money and non-marital money get mixed together in a way that makes it hard to separate them. For example:

• You had $10,000 saved before marriage.
• During the marriage, you deposited your paychecks into the same account.
• You used the account for joint expenses or to pay marital bills.

Now it's hard to trace which money was yours and which was “ours.” The court may treat the account — or a portion of it — as marital.

What If My Mom Is Also on the Account?

Adding a third party to an account, like a parent, can complicate things. But it doesn't automatically shield the money from division.

If the account primarily holds your earnings or was used for marital expenses, your spouse could still have a claim to some of it — even if your parent is also on the account.

What Counts as Non-Marital Property?

Not everything acquired during a marriage is subject to division. The following are typically considered non-marital, if kept separate:

• Assets you owned before the marriage (and didn't commingle)
• Inheritances given to you alone
• Gifts given specifically to you (not both spouses)
• Money explicitly protected by a prenuptial or postnuptial agreement

Even then, it's important to show clear records that you kept those funds separate throughout the marriage.

How Can I Protect Myself?

If you're heading toward divorce and you're concerned about money in your personal account, here are some tips:

• Get clear records: Gather statements that show when the account was opened and where the deposits came from.
• Don't move money around: Transfers or withdrawals during divorce can raise red flags or lead to accusations of hiding assets.
• Talk to a lawyer early: An experienced family law attorney can help you understand what's truly yours — and what isn't.

Bottom Line

Just because your spouse's name isn't on a bank account doesn't mean they have no claim to the money. In Florida divorce cases, what matters most is when and how the money was acquired and used.

Every situation is different. If you're unsure whether an account is safe from division — or if you want to know how to protect your financial future — let's talk.

At Family Matters Law Group, P.A., we help you navigate divorce with clarity, strategy, and strength.

Schedule a consultation or check out our DIY legal services if you're not ready for full representation.

Need help figuring out what's marital and what's not? We're here for you.

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