Inheritance and Divorce in Florida: What You Need to Know

At The Soto Law Office, we understand that going through a divorce is never easy. It’s a time filled with emotional, personal, and financial challenges—and dividing property can be one of the most stressful parts. One area that often raises questions is how inheritance is handled in a Florida divorce.

Whether you've already received an inheritance or expect to in the future, it's important to understand how these assets are treated under Florida law—and what you can do to protect them.

What Counts as Inheritance in Florida?

Inheritance refers to money, property, or personal assets received from someone’s estate after they pass away. This transfer can occur through a will, under Florida’s intestate succession laws if no will exists, or outside of probate altogether through direct transfers such as beneficiary designations, payable-on-death accounts, or jointly held assets with rights of survivorship.

Regardless of how it's received, inheritance is usually treated as separate property, not subject to division in divorce. But as with many legal matters, there are exceptions.

Inheritance After Divorce: Generally Yours to Keep

If you receive an inheritance after your divorce is finalized, it typically belongs to you alone. Your former spouse doesn’t have a claim to it unless you’ve included specific terms in your divorce settlement agreement. Occasionally, people may choose to negotiate part of a future inheritance as part of their divorce settlement—but that’s not common or required.

Inheritance During the Marriage: A Bit More Complicated

If you received an inheritance while you were still married, things get more complex. Florida law considers most inheritances separate property, which means they shouldn’t be included in the division of marital assets. However, that protection depends on how the inheritance was managed during the marriage.

What Is “Commingling” and Why Does It Matter?

Commingling happens when separate property gets mixed in with marital property. When that happens, it can become difficult—or even impossible—to argue that your inheritance should remain off-limits during divorce proceedings.

Some common examples of commingling include:

• Depositing inherited funds into a joint bank account

• Titling inherited property in both spouses’ names

• Using marital funds to maintain or renovate inherited assets

• Making joint mortgage or loan payments on inherited property

• Using inherited money to buy assets titled in both names

When these lines get blurred, Florida courts may treat the inheritance as marital property and include it in the equitable division of assets.

How to Protect Your Inheritance in a Florida Divorce

There are steps you can take to help ensure your inheritance stays protected:

• Keep it separate: Store inherited funds in accounts under your name only

• Avoid joint titles: Don’t title inherited property in both names

• Use separate funds: Pay any maintenance or repairs with your own (non-marital) money

• Create a postnuptial agreement: This legal document can clearly define what happens to your assets, including an inheritance, if the marriage ends

• Talk to an attorney early: The sooner you get legal guidance, the easier it is to avoid missteps that could impact your financial future

Why This Matters

Inheritances can hold not just financial value, but also deep emotional meaning. Whether it's your childhood home or a savings account left behind by a loved one, you deserve peace of mind knowing that your inheritance is protected.

At The Soto Law Office, we’re here to make sure that happens.

Let’s Talk About Protecting Your Inheritance

If you're going through a divorce—or simply want to plan ahead—we’re here to help. Located in Altamonte Springs, we serve clients throughout Florida with thoughtful, personalized legal guidance. Whether you need help protecting an inheritance, drafting a postnuptial agreement, or navigating divorce proceedings, our team is ready to support you every step of the way.

📞 Call us today at (321) 972-2279 🌐 Visit us at www.TheSotoLawOffice.com

Your future deserves protection. Let’s build a plan that works for you.