Legal Question in Family Law in Florida

Re: re; equitable distribution in divorce

There are two likely outcomes here:

1) The judge will say that the whole inheritance was a gift from you to the marriage, since you gave him half and you gave yourself half. If that's true, you'll each get half of what's left of the total from both accounts.

2) The judge will say that you kept half the money for yourself and gave half the money to "the marriage" when you gave him his half. If this happens, you and he will split his half and you will keep your half. (In other words, you'll get three quarters.) Obviously, this is, by far, the better scenario, but I also think it's, by far, less likely.

You should definitely get a lawyer, though. Since you say the inheritance is large, it will be well worth it.

Re: re; equitable distribution in divorce

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Unfortunately, your chances are slim. By placing 1/2 of the money into "his revocable trust" the law considers that to be a gift and gifts belong to the party to whom they were given. While it never hurts to claim ownership, you do not stand a good chance of getting those monies back in court.

Scott R. Jay, Esq.