Marital vs. Nonmarital Property in Florida
In Florida, assets acquired and debts incurred during the marriage, retirement benefits accrued during it and the marital interest in a business are marital; premarital assets, inheritances and gifts are nonmarital, but marital effort or funds can turn growth into marital property and entireties title is presumed marital.
Marital assets and liabilities
Under Fla. Stat. 61.075(6)(a) these include assets acquired and liabilities incurred during the marriage, individually or jointly; the enhancement in value and appreciation of nonmarital assets resulting from either party’s efforts or from marital funds; the paydown of principal on a mortgage on nonmarital real property and a portion of passive appreciation when paid from marital funds; interspousal gifts; all vested and nonvested retirement, pension, profit-sharing, annuity, deferred compensation and insurance benefits accrued during the marriage; and the marital interests in a closely held business.
Nonmarital assets and liabilities
Assets acquired and liabilities incurred before the marriage and what is acquired in exchange for them; assets acquired separately by noninterspousal gift, bequest, devise or descent, and what is acquired in exchange; income from nonmarital assets unless the parties treated, used or relied on it as marital; assets and liabilities excluded by valid written agreement; liabilities from forgery or unauthorized signatures, which are the nonmarital liability of the person who signed; and real property acquired separately by gift or inheritance for which title has not been transferred to the parties as tenants by the entireties.
Entireties property
All real property held by the parties as tenants by the entireties, whether acquired before or during the marriage, is presumed to be a marital asset, as is personal property titled jointly as tenants by the entireties. A spouse who claims otherwise has the burden of proof, and the burden to overcome the gift presumption is by clear and convincing evidence. Adding a spouse to the title of an inherited house can therefore make it marital.
Businesses and retirement
The marital interests in a closely held business are valued at fair market value, and enterprise goodwill, which is separate from the continued presence and reputation of the owner spouse, is a marital asset. Retirement benefits are marital to the extent they accrued during the marriage.
Evidence to gather
Bring deeds and closing documents with dates and titles, statements from the wedding date, proof of how inheritances and gifts were received and kept, and any written agreement. Because nonmarital income and assets can become marital if the parties treat them as marital, keep nonmarital funds separate.
Keeping the right paperwork
Keep inherited and premarital funds in accounts titled in one name and avoid mixing them with marital funds, and keep records of gifts. Title and treatment drive many classification disputes.
Where this fits in the calculator
The Florida property division calculator asks for marital property by spouse; the premarital home has its own fields. See the marital home and mortgage paydown for the formula.
Frequently asked questions
What is nonmarital property in Florida?
Assets and liabilities from before the marriage, noninterspousal gifts and inheritances, income from nonmarital assets unless treated as marital, and what a valid written agreement excludes.
Is retirement earned during the marriage divided in Florida?
Yes. All vested and nonvested benefits, rights and funds accrued during the marriage are marital assets.
Can nonmarital property become marital in Florida?
Yes. Enhancement in value from either party's efforts or marital funds is marital, and income from nonmarital assets can be marital if the parties treated it as marital.
Is property held as tenants by the entireties marital in Florida?
Real property and jointly titled personal property held as tenants by the entireties is presumed marital, whether acquired before or during the marriage.
Is a Florida business divided in divorce?
The marital interests in a closely held business are marital assets valued at fair market value, including enterprise goodwill.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Florida statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Florida attorney.