16 Jul Florida Divorce: Marital vs. Non-Marital Property Explained
Introduction
When couples divorce in Florida, determining how to classify assets and debts is crucial. A major issue is distinguishing between non-marital property and marital property. Florida courts follow specific rules under Florida Statute § 61.075, but complications arise when assets are commingled or transmuted. If you’re divorcing in Miami, knowing how the law treats non-marital property can help you safeguard your interests.
Key Legal Concepts: What Counts as Non-Marital Property?
Under Fla. Stat. § 61.075(6), Florida law categorizes property into two types for equitable distribution:
- Marital Property: Assets and debts acquired during the marriage, regardless of titling.
- Non-Marital Property: Assets owned before the marriage, gifts or inheritances (excluding interspousal gifts), and income from non-marital sources if kept separate.
Florida Statutes Defining Non-Marital Property
The statute presumes that all property acquired during the marriage is marital. However, one can rebut this presumption with strong evidence showing the property remained separate. Important statutory language includes:
- § 61.075(6)(a) — Lists examples of non-marital property, including pre-marital assets and inheritances.
- § 61.075(6)(b) — Defines what qualifies as marital, including appreciation due to marital contributions.
How Courts Classify and Divide Non-Marital Property
Florida applies equitable distribution principles to divide marital assets, but non-marital property typically remains with the original owner. The court reviews several factors under § 61.075(1), such as contributions to the marriage and intentional waste of assets.
Examples of Non-Marital Property in Florida Divorce
- Individually owned property acquired before marriage and kept separate.
- Inherited assets or third-party gifts received by one spouse alone.
- Separate accounts that contain only non-marital income or investments.
Commingling Can Transform Non-Marital Property
Mixing non-marital property with marital assets may change its classification. For instance:
- Using inheritance money to fund a jointly titled home.
- Depositing non-marital funds into a shared bank account used for joint expenses.
Non-Marital Property and Asset Appreciation
Florida courts differentiate between passive and active appreciation. If an asset’s value grows due to marital labor or investments, the increased value may be partly marital.
Florida Case Law on Non-Marital Property
Hooker v. Hooker, 220 So. 3d 397 (Fla. 2017)
This Florida Supreme Court case clarified that assets acquired separately can remain non-marital, but intent and actions—like titling or use—can convert them. The Court stressed evaluating the parties’ conduct and whether any gift or joint use was intended.
Valentin v. Valentin, 329 So. 3d 268 (Fla. 3d DCA 2021)
In this case, the Third DCA held that a spouse failed to prove that certain bank accounts were non-marital. The court found commingling due to repeated use of the funds for joint expenses, converting the classification to marital.
Proving an Asset Is Non-Marital Property
Parties claiming property as non-marital must provide detailed documentation—such as financial records or titles—to trace the asset’s origin and usage.
Special Issues with Real Estate and Retirement Accounts
Marital vs. Non-Marital Property in Real Estate
If a spouse buys property before marriage but uses marital income for mortgage or improvements, the appreciated value may be partially marital.
Dividing Retirement Accounts as Non-Marital Property
Only retirement account growth during the marriage is typically considered marital. Courts use formulas to divide these accounts appropriately.
Handling Non-Marital Gifts and Inheritances
Gifts between spouses are marital unless proven otherwise. Gifts from others and inheritances remain non-marital if they’re kept separate.
Using Agreements to Protect Non-Marital Property
Prenuptial and postnuptial agreements can define property classifications and override default state rules. These must comply with Fla. Stat. § 61.079.
Local Considerations for Non-Marital Property in Miami
In Miami-Dade, courts frequently handle cases involving international assets, complex real estate, and cryptocurrency. Expert testimony and forensic accounting are often used to classify non-marital property.
Common Pitfalls When Dealing With Non-Marital Property
- Mixing separate and joint funds in one account.
- Using non-marital property for joint purchases without documentation.
- Relying on informal understandings instead of written agreements.
What Florida Courts Look for in Non-Marital Property Disputes
Judges analyze titling, intent, and the flow of funds. They require clear findings in the final judgment, especially when distinguishing non-marital from marital assets.
Conclusion
Florida divorce law provides clear definitions for non-marital property, but individual circumstances and evidence can complicate matters. Tracing and documentation are essential. For help navigating your divorce in Miami, consult with a local Miami property division lawyer to ensure accurate classification and fair distribution.
FAQs About Non-Marital Property in Florida
Is a house bought before marriage non-marital property?
Yes, unless marital contributions enhanced its value. In that case, a portion of the appreciation may be marital.
Are interspousal gifts non-marital property?
Typically not. Gifts between spouses are presumed marital unless otherwise agreed.
Can a joint bank account contain non-marital property?
It depends. If non-marital funds are clearly traceable, they may remain non-marital, but commingling often results in reclassification.
Does adding a spouse’s name to a deed convert it to marital property?
Yes, titling a non-marital asset jointly may convert it unless there’s strong evidence of a different intent.
Can spouses agree what counts as non-marital property?
Yes, through a valid agreement. Prenuptial or postnuptial contracts can define ownership classifications.