For many high-net-worth individuals, divorce is not just about ending a marriage—it’s about protecting a legacy. Inherited wealth, family trusts, and generational gifts are often deeply rooted in personal identity, family history, and long-term planning. When divorce becomes part of the equation, the big question arises: can my ex-spouse claim my inheritance?
In Florida, the answer depends on a number of critical factors, including when the inheritance was received, how it was handled during the marriage, and whether it became commingled with marital assets. While the law offers protections for inherited property, those protections can be lost—sometimes unknowingly—if the funds are treated incorrectly during the marriage.
As a Tampa divorce lawyer who frequently works with high-net-worth clients, I understand how sensitive and vital this issue is. Clients with inherited wealth often want to ensure that the assets intended for them—or their children—remain intact, even as their marriage dissolves. In this article, we’ll walk through how Florida law views inherited wealth in divorce, what risks to watch for, and how to safeguard legacy assets from unintended division.
Inheritance and Equitable Distribution: What Florida Law Says
Florida is an equitable distribution state. This means that when a couple divorces, all marital property is divided fairly—but not necessarily equally. Equitable distribution applies only to marital assets and marital debts. Non-marital (or separate) property is not subject to division.
According to Florida law, inherited wealth is considered non-marital property if:
- It was received by only one spouse
- It was kept separate and not used for marital purposes
- It was not commingled with marital funds or jointly titled
This rule applies regardless of when the inheritance was received—before or during the marriage.
However, if inherited property becomes commingled, or if marital funds were used to maintain, improve, or support inherited assets, the court may find that all or part of that inheritance has become a marital asset. This is where things can get complicated—and costly.
Commingling: The Silent Risk to Inherited Wealth
Commingling occurs when separate property (like an inheritance) is mixed with marital property in a way that makes it difficult—or impossible—to determine where one ends and the other begins.
Common examples of commingling include:
- Depositing inheritance money into a joint bank account
- Using inherited funds to pay for joint expenses (like a mortgage or renovation)
- Titling inherited real estate in both spouses’ names
- Selling inherited property and using the proceeds for joint investments
Once commingled, the inherited asset may be deemed marital by a Florida court, making it eligible for division.
As a Tampa divorce lawyer, I’ve seen many cases where clients unintentionally lose their separate property protections because of how they handled their inheritance. In some cases, a well-meaning spouse wanted to “share” with their partner. In others, the lines became blurred over years of marriage and shared financial goals.
Case Example: The House from Your Grandfather
Imagine you inherit a beach home from your grandfather. At the time, it’s titled in your name alone. So far, it’s separate.
But a few years later, you:
- Use marital funds to renovate the kitchen
- Add your spouse’s name to the deed for estate planning
- Use joint funds to pay property taxes and insurance
By doing this, you’ve likely converted at least part—if not all—of that home into a marital asset.
Now, in divorce court, your spouse may have a claim to a portion of its value, especially any appreciation that occurred due to marital investment.
As a Tampa divorce lawyer, I would approach this situation by carefully tracing the source of all funds, documenting the initial inheritance, and arguing for credit based on the original gift. But this is an uphill battle if the asset has been significantly altered or jointly used over the years.
Appreciation in Value: Passive vs. Active Growth
Another important concept in inherited wealth cases is appreciation.
If an inherited asset increases in value during the marriage, that appreciation may be considered marital—but only if it resulted from marital effort or investment.
Florida distinguishes between:
- Passive appreciation: Growth due to market conditions or time (e.g., a stock portfolio increasing in value without additional contribution). This remains non-marital if the underlying asset was separate.
- Active appreciation: Growth due to marital contributions (e.g., investing marital money into improving a property or actively managing a business). This may be considered a marital asset.
If your inheritance passively appreciates—and you don’t commingle it—it’s still yours. But if you or your spouse actively enhanced its value with joint funds or efforts, some of that growth may now belong to both of you.
This distinction is where many cases are won or lost, and where an experienced Tampa divorce lawyer and forensic accountant become essential.
Protecting Inherited Wealth During Marriage
The best time to protect inherited wealth is before a divorce is on the horizon. If you’re already married and have received—or expect to receive—an inheritance, here are smart strategies to preserve it as non-marital:
1. Keep It in a Separate Account
Do not deposit inherited funds into a joint checking or savings account. Open a separate account in your name only and maintain clear records showing that the money came from inheritance.
2. Avoid Using It for Joint Purchases
Don’t use inherited funds to pay for joint vacations, real estate, or other shared expenses. Doing so may imply an intent to treat the inheritance as marital.
3. Don’t Add Your Spouse’s Name
Whether it’s a bank account, investment portfolio, or deed, keeping assets solely in your name helps preserve your separate property rights.
4. Consider a Prenuptial or Postnuptial Agreement
These agreements can clearly state that your inheritance—and any income or appreciation from it—remains non-marital, regardless of how it’s used. A Tampa divorce lawyer can help draft enforceable terms that protect your future.
Protecting Inherited Wealth During Divorce
If divorce is already underway, your ability to protect inherited assets depends on documentation, tracing, and legal strategy.
Your Tampa divorce lawyer will:
- Identify inherited assets and income received during the marriage
- Review bank records, tax returns, and transfer history
- Work with forensic accountants to trace commingled funds
- Argue for exclusion of non-marital property from the marital estate
- Defend against unsupported claims of contribution or transmutation
In some cases, it may be necessary to present expert witnesses or financial analysts to support your position. The more organized your records are, the stronger your defense will be.
Can My Spouse Ever Get Part of My Inheritance?
It depends. In most cases, if the inheritance was kept separate and not used for joint purposes, your spouse will have no claim. But if:
- You used the inheritance to pay off a joint mortgage
- You invested inherited funds into a shared business
- You titled inherited property jointly
- You relied on inheritance income to fund your marital lifestyle
…then your spouse may have a valid argument for partial division.
A Tampa divorce lawyer can help you fight improper claims or negotiate a settlement that preserves your core inheritance while resolving disputed appreciation or usage.
Inheritance and Alimony
Even if your inherited property isn’t divided, it can still affect alimony. Florida courts consider each spouse’s ability to pay and need for support when awarding alimony.
If you are receiving trust distributions, rent from inherited property, or dividends from inherited stocks, the court may count this as income—even if the principal remains non-marital.
This means:
- You may have to pay more alimony
- You may receive less alimony if your inheritance reduces your need
- Your inheritance may affect temporary support and legal fee awards
Your Tampa divorce lawyer will help you present accurate income reports, distinguish principal from income, and argue for fair consideration of inherited wealth in spousal support decisions.
Protecting Future Generational Wealth
For families concerned about preserving assets for future generations, divorce is a serious threat. One bad division can unravel decades of planning.
Here’s how to protect future inheritance:
- Dynasty trusts: Use long-term trusts with strong distribution controls, spendthrift clauses, and clear beneficiary terms.
- Prenuptial agreements for heirs: If your children or grandchildren will inherit significant wealth, encourage them to enter into prenups before marriage.
- Family LLCs and partnerships: These structures can control how ownership is transferred and prevent unintended distributions through divorce.
- Gifting strategies: Instead of giving assets outright, use controlled vehicles with limited access.
Speak with a Tampa divorce lawyer and estate planner to create a joint strategy that protects both your family’s wealth and your heirs’ legal rights.
The Role of Tracing and Documentation
In every inherited asset case, documentation is key. You may know that a property or account came from your grandmother—but the court needs proof.
Documents that strengthen your case include:
- Wills and trust agreements
- Gift letters or documentation of the inheritance
- Original account statements
- Transaction records showing deposit into separate account
- Evidence of separate tax filings or property management
If the paper trail is incomplete, your Tampa divorce lawyer can use expert tracing methods to reconstruct the asset’s history and preserve your non-marital claim.
What to Do if You’re the Spouse Without the Inheritance
If your spouse received a substantial inheritance during the marriage, don’t assume it’s entirely off-limits. A Tampa divorce lawyer may be able to help you make claims based on:
- Commingling of funds into joint accounts
- Use of inheritance for marital purposes
- Title changes or joint ownership
- Trust distributions used to support family expenses
- Marital labor that enhanced the value of an inherited business or property
Even if the court does not divide the inheritance, these factors can influence alimony, asset offset awards, and equitable distribution of other marital assets.
FAQ: Inheritance and Divorce in Florida
Is inheritance considered marital property in Florida?
No. Inheritance is considered non-marital if received by one spouse and kept separate. However, if it’s commingled or used for marital purposes, it may become marital.
What if I inherited property before the marriage?
It’s non-marital, but if you added your spouse to the title or used marital funds to improve it, a portion of its value may be subject to division.
Can a prenuptial agreement protect my inheritance?
Yes. A prenup can confirm that all current and future inheritance remains separate, even if received during the marriage.
What is commingling, and why does it matter?
Commingling occurs when separate and marital assets are mixed in a way that makes them legally inseparable. It can turn non-marital property into marital.
Can inheritance impact alimony?
Yes. Even if not divided, inheritance income can be considered when calculating alimony—especially if it supports your lifestyle or reduces your financial need.
Is appreciation of inherited assets divided in divorce?
Only if the appreciation was caused by marital effort or investment. Passive growth remains non-marital.
What if I can’t prove an asset was inherited?
Without documentation, it may be treated as marital. Work with your Tampa divorce lawyer to reconstruct the paper trail or use expert tracing.
Are inherited trusts protected in divorce?
It depends on the trust’s terms. Spendthrift and discretionary trusts offer strong protection, but distributions may still impact support or lifestyle claims.
Can I keep income from inherited rental property?
If the property was kept separate and not used for marital purposes, you may keep both principal and income. But income may count toward alimony.
When should I speak to a Tampa divorce lawyer about inheritance?
As soon as divorce is on the horizon—or sooner. Early planning helps preserve your rights and avoid commingling mistakes.
Inherited wealth is deeply personal—but in divorce, it becomes legal. Whether you’re defending your family’s legacy or seeking your fair share of a marital estate, how you handle inheritance can determine your financial future.
At The McKinney Law Group, we represent high-net-worth clients who need clarity, strategy, and discretion. If you’ve received—or expect to receive—inherited wealth, speak with a Tampa divorce lawyer today. We’ll help you preserve what’s yours and protect the next generation from the ripple effects of divorce.
The McKinney Law Group: Divorce Support for Tampa Clients Facing Emotional and Legal Complexity
Divorce often involves more than paperwork—it’s about navigating emotional, financial, and family transitions. At The McKinney Law Group, we provide compassionate, effective representation to help Tampa clients get through divorce and prepare for what comes next.
We offer support with:
✔ Dividing assets, debts, and investments fairly
✔ Spousal support negotiations that reflect your unique situation
✔ Child custody plans that prioritize consistency and well-being
✔ Handling conflict through skilled negotiation or courtroom advocacy
✔ Offering long-term planning for your post-divorce future
We’ll be your advocate—through every step of the journey.
Call 813-428-3400 or email [email protected] to get started.