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Marital Property: Is Inheritance Marital Property?

Posted by LEISA WINTZ | Nov 08, 2023 | 0 Comments

two people getting married

Is a Wife Entitled to Her Husband's Inheritance if He Dies? Can My Husband Get Any of My Inheritance? Is inheritance marital property? In the realm of family law and financial matters, the question of whether an inheritance becomes marital property is a topic of frequent concern. Inheritance, usually a personal and private matter, can become a complex issue when it intertwines with the complexities of marriage, divorce, and the legalities of asset division. Let's explore this intricate subject, delving into how inheritances are treated in Florida, and how to safeguard your inheritance from becoming a shared asset.

Is Inheritance Marital Property in Florida?

In the eyes of the law, an inheritance is indeed considered an asset. However, how it is treated in a marriage can depend on various factors. Generally, in many states, assets acquired by one spouse through inheritance during the marriage are usually classified as separate property. But what about inheritances received before marriage?

In Florida, like many other states, an inheritance received before the marriage is typically considered non-marital property. This means that it belongs solely to the spouse who received it. However, to ensure that it remains separate, it's essential to take certain precautions.

Non-Marital vs. Marital Property

In Florida, and in many other jurisdictions, non-marital (separate) property typically includes assets acquired before the marriage, gifts to one spouse from a third party, and inheritances received by one spouse at any time. Marital property, on the other hand, includes assets and income acquired during the marriage.

How Intent Works with Inheritances

One critical aspect of determining whether an inheritance becomes marital property is the intent of the recipient. If the spouse who receives the inheritance comingles it with joint assets or uses it for the benefit of both spouses, it can blur the line between separate and marital property.

Tips for Maintaining an Inheritance in a Marriage

  1. Transparency: Open communication with your spouse about your inheritance is crucial. Discuss your intentions and how you plan to keep it separate.
  2. Separate Accounts: Consider keeping your inheritance in a separate bank account in your name only.
  3. Documentation: Keep records of your inheritance, including any financial statements or documents that can prove its origin.
  4. Legal Agreements: If you are concerned about protecting your inheritance, consider a prenuptial or postnuptial agreement.

How Prenups and Postnups Affect Inheritances in a Marriage

Prenuptial agreements, as mentioned earlier, are an excellent tool for protecting inheritances. But what if you're already married? In that case, a postnuptial agreement can serve a similar purpose. These legal documents help define the character of the assets and provide clarity on what should remain separate property.

In the intricate landscape of family law, it's crucial to have the right guidance and expertise by your side. Family matters can be legally complex, emotionally charged, and life-altering. If you have questions or concerns about how inheritances, assets, or any aspect of family law could impact your life, don't navigate these challenges alone. Our experienced family law attorneys at Family Matters are here to provide the counsel and support you need to protect your interests and ensure a secure future. Your family's well-being is paramount to us. Contact us today and schedule a consultation.

About the Author


Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...


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