Legal Question in Family Law in Florida

Re: spliting money

Hello: I just read your question. If you want to read Fla. Statute on separation of property in a divorce, you can read Fla. Stat. on line. Search for Sec. 61.075. Basically, most property or income that comes to the parties in a marriage will be considered "marital assets" which will be split up fairly by the Court if the parties do not work out their own agreement. However, there are exceptions...such as for inherited property. When one inherits money or property from a source outside of the marriage like that, then they divorce, that money or property can be considered "non marital". There is one BIG warning to this exception. That is, if the inherited asset is COMINGLED WITH OTHER MARITAL ASSETS, they can lose their classification as nonmarital. As you can see, it can be a little complicated.

'Hope this helped. If my office can be of any assistance up here in North Fla., give us a call. Tom Rosenblum

Re: spliting money

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the monies have been kept separate, then the other spouse has no claim on monies that were inherited during the course of the marriage. Once the monies become co-mingled (mixed together with marital assets) they are fair game for any claim. Some courts will attempt to give the party credit for the inheritance but there is no guarantee of that happening.

Scott R. Jay, Esq.