For many families in Tampa, inherited wealth is more than just money—it is legacy. It represents decades of hard work, multi-generational planning, and an intention to preserve financial security for future descendants. When a marriage ends in divorce, the question of what happens to that inheritance becomes incredibly important. Can inherited wealth be protected in a Florida divorce? And if so, how?
The answer depends on multiple legal and factual considerations. While Florida law does provide some protection for inherited assets, it also presents several pitfalls that can unintentionally turn non-marital inheritance into a divisible marital asset.
As a Tampa high net worth divorce lawyer, I’ve worked with clients on both sides of this issue—those trying to shield inherited wealth and those seeking their fair share of wealth that was arguably shared during the marriage. This article will explore how Florida courts handle inherited wealth in divorce, the risks of commingling, how to proactively protect family wealth, and what to do when inherited assets are at stake in litigation.
Understanding Florida’s Equitable Distribution Framework
Florida is an equitable distribution state, meaning marital assets and debts are divided fairly—not always equally—at the time of divorce. The court first distinguishes between marital and non-marital (also called “separate”) assets.
Generally, marital property includes:
- Assets acquired by either spouse during the marriage
- Income and appreciation of marital assets
- Contributions made by either spouse to the accumulation of wealth
Non-marital property includes:
- Assets owned by either spouse prior to marriage
- Inheritance received by one spouse alone
- Gifts received by one spouse alone
- Assets excluded by valid prenuptial or postnuptial agreement
However, what begins as a non-marital asset can become partly—or entirely—marital through a process known as commingling or transmutation.
This is where most high-net-worth divorces involving inherited wealth become complicated—and why working with a Tampa high net worth divorce lawyer is crucial.
When Is Inherited Wealth Considered Non-Marital?
Under Florida law, inheritance received by one spouse individually (not jointly) is considered non-marital property—even if it is received during the marriage. This means that if you inherit money, real estate, or investments from a parent, grandparent, or other family member, those assets should remain yours alone.
But—and this is a big but—only if they are kept separate and not used in ways that indicate an intent to share them.
To preserve inherited wealth as non-marital property, you must:
- Keep the inheritance in a separate account or title
- Avoid using it to pay for marital expenses
- Do not add your spouse’s name to inherited assets
- Maintain documentation tracing the asset’s origin
Once an inheritance is co-mingled, retitled jointly, or used to support the marriage, it may be partially or fully reclassified as marital property and become subject to division.
A Tampa high net worth divorce lawyer will work to establish and defend the separate nature of inherited assets—or challenge that classification when the facts show otherwise.
How Commingling Puts Inherited Wealth at Risk
Commingling occurs when non-marital property is mixed with marital property, either intentionally or by accident, in a way that makes it difficult to distinguish the original source of the funds.
Examples of commingling inherited wealth include:
- Depositing inherited funds into a joint bank or brokerage account
- Using inherited money to make a down payment on a jointly titled home
- Paying off a joint mortgage with inherited funds
- Renovating a marital property using inherited wealth
- Adding your spouse as a co-owner of inherited real estate
- Using inheritance income to support family or marital lifestyle
Florida courts generally do not “punish” a spouse for being generous. But once separate property is used in ways that benefit the marriage, the law may presume you intended to share it.
Your Tampa high net worth divorce lawyer will evaluate every transaction and title change to determine whether inherited property has been legally transformed into marital property.
Appreciation of Inherited Assets During the Marriage
Even if you successfully avoid commingling, there is still a risk that increases in the value of inherited assets will be subject to division.
Florida courts distinguish between:
- Passive appreciation: Value increases due to market forces, time, or inflation. This remains non-marital.
- Active appreciation: Value increases due to marital contributions—such as improvements, investments of marital funds, or active management. This may be considered marital.
Let’s say you inherit a rental property from your grandfather. If the value increases simply because the real estate market improves, the appreciation is likely non-marital. But if you and your spouse invest in renovations using marital funds, or you manage the property as a couple, that appreciation could be considered marital.
A Tampa high net worth divorce lawyer will work with appraisers and forensic accountants to distinguish passive from active appreciation—preserving as much of your inheritance as legally possible.
Documentation Is Key to Protecting Inherited Wealth
The strongest protection for inherited wealth is documentation. Courts don’t operate on assumptions—they need evidence.
Documents to preserve include:
- The will, trust, or other legal document showing the inheritance was left to you alone
- Account statements from the time you received the inheritance
- Records showing the funds were kept separate
- Documentation of how and when any funds were used
- Appraisals of inherited real estate or tangible property
- Transaction histories, including bank transfers or withdrawals
If documentation is missing, courts may assume the inheritance was commingled or intended to benefit both spouses. A Tampa high net worth divorce lawyer can help reconstruct a paper trail or use expert tracing methods to clarify ownership history.
Trusts and Inherited Wealth
Many high-net-worth individuals receive inheritances through trusts, either established by prior generations or structured during their lifetime.
Florida courts typically treat trust assets as non-marital property if:
- The trust was created by a third party (such as a parent)
- The trust is irrevocable
- The spouse is a discretionary beneficiary
- The spouse does not control the trust or serve as trustee
However, the court may still consider trust income when:
- Calculating alimony or child support
- Evaluating a spouse’s need or ability to pay
- Reviewing lifestyle expenses and standard of living
Additionally, if trust distributions are used to purchase jointly owned property or pay for marital expenses, those transactions may expose a portion of the trust to division.
As a Tampa high net worth divorce lawyer, I often work with estate planning attorneys to analyze and protect inherited trust assets during divorce proceedings.
Protecting Inherited Wealth with Prenuptial and Postnuptial Agreements
The most effective legal tool for preserving inherited wealth in Florida divorce is a prenuptial or postnuptial agreement.
These agreements can:
- Designate all current and future inheritance as non-marital
- Exclude appreciation of inherited assets from equitable distribution
- Define how income from inheritance will be treated (separate or marital)
- Set out terms for alimony, support, or property offsets
Even if you’re already married, a postnuptial agreement can help protect a recent or anticipated inheritance—as long as it’s entered into voluntarily with full financial disclosure.
Your Tampa high net worth divorce lawyer can draft, enforce, or challenge marital agreements based on the facts of your case.
Can Inherited Wealth Impact Alimony or Support?
Even if inherited wealth is not subject to division, it can still affect the financial outcomes of your divorce—particularly alimony and child support.
Florida courts consider both spouses’ income and assets when determining:
- The need for alimony
- The ability to pay alimony
- Child support calculations
If you receive income from inherited property—such as dividends, rental income, or trust distributions—the court may impute that income as part of your financial profile.
Your Tampa high net worth divorce lawyer will work to ensure:
- That income from separate property is not double-counted
- That temporary market fluctuations don’t skew support calculations
- That support awards reflect realistic earning and spending capacity
In some cases, inheritance income can reduce a spouse’s need for support—or justify an increase in the other spouse’s obligation to contribute.
What Happens if Inherited Wealth Was Already Spent?
Sometimes, an inheritance is spent before a divorce is filed—on home improvements, vacations, tuition, or everyday expenses. If that wealth was used for marital purposes, courts generally won’t require reimbursement.
However, your Tampa high net worth divorce lawyer may argue for unequal distribution or a credit if:
- The spending disproportionately benefitted one spouse
- The inheritance was used to pay down the other spouse’s separate debt
- The funds were invested in non-marital property
The more evidence you have showing how and why the inheritance was used, the better your chances of recovering value in the divorce.
Spouses Who Try to Hide Inherited Wealth
In some cases, a spouse may attempt to conceal inherited assets from the court by:
- Failing to disclose trust interests
- Hiding foreign accounts or offshore investments
- Claiming the inheritance was spent or lost
- Transferring inherited property to a family member or shell entity
Florida courts take a strong stance against concealment. If discovered, hidden assets may result in:
- The entire asset being awarded to the innocent spouse
- Court sanctions and contempt findings
- Reopening of the judgment after finalization
Your Tampa high net worth divorce lawyer will use discovery tools—such as subpoenas, depositions, and forensic tracing—to uncover hidden wealth and ensure an equitable result.
Strategic Use of Inherited Wealth in Divorce Negotiations
Inherited wealth often plays a strategic role in settlement negotiations. For example:
- You may use it to negotiate a lower alimony obligation by offering a lump sum payment.
- You may preserve it by offering your spouse other valuable marital assets (e.g., real estate, investment accounts).
- You may leverage your separate wealth to settle quickly, avoiding the time and cost of litigation.
Your Tampa high net worth divorce lawyer will help you weigh the long-term implications of any offer, including tax treatment, liquidity, and post-divorce planning.
FAQ: Inherited Wealth and Florida Divorce
Is inherited property always protected in divorce?
Not always. While inheritance is typically non-marital, it can become marital if commingled or used for joint purposes.
What is commingling, and why does it matter?
Commingling is mixing separate property with marital property in a way that makes it difficult to trace. It can cause non-marital assets to become subject to division.
Can I get my inheritance back if it was used for a marital purchase?
Maybe. Courts may award a credit if you can prove the funds came from inheritance and were not intended to be a gift to the marriage.
What if I inherit money after the divorce is filed?
Generally, anything inherited after the date of filing is considered non-marital.
Can I use a prenup to protect future inheritance?
Yes. A prenuptial agreement can specify that all current and future inheritance remains non-marital, including appreciation and income.
Can I challenge my spouse’s claim that their inheritance is separate?
Yes—especially if the asset was commingled, used for marital purposes, or increased in value due to joint effort.
Does trust income count toward alimony?
Yes. Even if the trust is separate, income received from it may be considered when determining ability to pay or need for support.
Can a spouse hide inherited money?
They may try, but a skilled Tampa high net worth divorce lawyer can use legal discovery tools to uncover hidden assets.
What if inherited real estate is titled in both our names?
Joint titling is strong evidence that the inheritance was gifted to the marriage, and the court may treat it as marital property.
Should I call a Tampa high net worth divorce lawyer if I inherited wealth?
Absolutely. Early legal advice can help protect your rights, preserve documentation, and avoid costly mistakes.
Inherited wealth can be preserved during a Florida divorce—but only with proper planning, smart documentation, and strategic legal guidance. Whether you are trying to shield family assets or ensure fair access to shared marital contributions, the rules are clear but the application is not always straightforward.
At The McKinney Law Group, we help clients navigate the complexities of inherited wealth, prenuptial protection, trust interests, and high-value asset division. If you need a Tampa high net worth divorce lawyer to protect your legacy, contact us today.
We’ll help you clarify your rights, defend your inheritance, and build a foundation for the next chapter of your financial life.
The McKinney Law Group: High-Asset Divorce for Tampa Clients with Complex Financial Portfolios
When your divorce involves multiple properties, investments, or offshore assets, you need a law firm that can handle sophisticated financial matters. At The McKinney Law Group, we help Tampa clients protect their interests during complex, high-asset divorce proceedings.
We offer:
✔ Accurate valuation of luxury assets and investment portfolios
✔ Division of international property, trusts, and passive income streams
✔ Analysis of cryptocurrency, private equity, and deferred compensation
✔ Negotiation or litigation strategies tailored to complex estates
✔ Coordination with CPAs, forensic accountants, and financial advisors
Your wealth deserves to be handled with care—and defended with skill.
Call 813-428-3400 or email [email protected] for a private consultation.