An inheritance received by one spouse during a marriage is generally treated as separate property under Florida law, not automatically marital property subject to equitable distribution. The key issue is how the inheriting spouse handles the asset after receiving the inheritance. If the inheritance is kept separate and clearly traced, it remains the inheriting spouse’s nonmarital property not subject to equitable distribution. Inheritances are specifically excluded by statute from consideration as a marital asset, unless it is commingled with marital assets.
Commingling an inheritance with marital assets converts it into a marital asset. Examples of commingling include depositing inherited funds into a joint bank account, using those funds to buy a home titled in both names, or depositing your paycheck or other income into the same account. When commingling occurs, the court will likely find that the inheritance lost its separate character and subject it to equitable distribution.
Intent and documentation matters. Keeping inheritance proceeds in a separate account, maintaining clear records, and avoiding depositing marital funds into that separate account preserves the inheritance as separate property, not subject to equitable distribution.
