Good try, but no.
When a marriage ends, one of the biggest questions becomes: who gets what?
In Florida, that answer depends on many factors under the law.
One of the biggest divorce questions that I answer regularly is, Is it Marital or Non-marital?
Last week, I outlined what a jointly owned Marital Asset is under Florida Divorce Law.
This week, let’s look at the opposite: what is a Non-Marital Asset that can be claimed by one spouse alone?
What Is a Non-Marital Asset?
Under Florida law, non-marital assets belong to just one spouse, and they stay that way, even after divorce.
Here’s what qualifies:
1. What You Brought Into the Marriage
Think of it as emotional baggage, but with a bank account. If you owned a condo, car, or trust account before saying “I do,” and never mixed it with your spouse’s assets, you can likely claim that asset as “mine” in your divorce.
Example: Jane bought a beachfront condo in her name two years before she married Steve, and always kept it as an investment property. She kept it titled in her name only, never used marital funds to pay the mortgage, and never added Steve’s name. That condo? Still Jane’s.
2. Gifts and Inheritances (Not From Your Spouse)
If your favorite aunt leaves you a tidy sum in her will, either before your marriage or during your marriage, and you keep it separate, you can likely claim that asset as “mine” in your divorce.
Example: Mike inherited $50,000 from his grandmother and put it in a savings account in just his name. He didn’t use it to pay joint bills or buy a marital home. That money? Still Mike’s.
3. Pre-nups or Post-nups
If you and your spouse signed a valid legal agreement excluding specific assets from becoming marital property, those assets will retain their non-marital character. – The assets that you protected in your prenuptial agreement, you can claim as “mine” in your divorce.
The Takeaway
Florida law is generally fair. The courts will “set apart” each spouse’s non-marital assets before dividing up the marital ones — but only if you can clearly show what’s what.
That’s why it’s so important to:
- Keep records,
- Avoid mixing funds, and
- Get legal advice before (and during) marriage.
Final Thoughts
If you’re unsure whether something is a marital or non-marital asset, our office is here to help you sort it out without the courtroom drama.
Considering Divorce in Palm Beach County? We Can Help.
If you’re exploring divorce options in Florida and want to avoid court, contact us today. We’ll guide you through a respectful and efficient divorce that is focused on solutions and privacy, not conflict and court, and delays.
Helpful Resources for Florida Families:
Mindful Divorce Services – Fixed Fees
