Can My Spouse Take My Inheritance if We Divorce?

If your marriage is headed toward divorce and you inherited assets from a deceased loved one, you may be worried that you spouse will be able to take your inheritance. While it is highly unlikely that they would receive your whole inheritance, whether or not they can take a portion of it will depend on several factors.

When you and your spouse are negotiating a divorce, one of the first steps in dividing up the assets is determining which assets are separate property and which are marital property. Separate property returns to its original owner, while marital property is equitably divided between the couple.  The state of Florida considers an inheritance to be separate property since it is generally bequeathed to an individual rather than a couple. However, based on the recipient’s actions when they receive the inheritance, it is possible for the inheritance to become marital property.

If after receiving an inheritance, you place the funds in a bank or investment account that is separate from the rest of your assets and is not jointly titled with your spouse, that would provide evidence during a divorce that the inheritance should be viewed as separate property, minimizing the risk of your spouse being able to it. However, if you provided your spouse with access to the account, even if their name was not on it, such as by sharing your password or ATM card, they may be able to claim it was a marital asset.

If the inheritance was placed in a separate account, but the assets in it were used to pay for marital property, such as buying a jointly titled house or car, your spouse can make a claim on the marital property that was purchased by the inheritance. Additionally, they may be able to claim the inheritance was a marital asset since it was used to purchase marital property. The same is true if the funds were used to improve a marital asset. For example, if you used the inheritance funds to renovate a jointly-titled home, your spouse may be able to claim that the inheritance was a marital asset.

If the inheritance was placed in a joint account and your spouse had access to it during your marriage, then it becomes a marital asset and would be subject to equitable distribution between you and your spouse.

An inheritance can also impact alimony. Florida awards alimony based on one spouse’s ability to pay it and the other spouse’s need for it. All assets, including both marital and separate are used in alimony calculations. If you received a large inheritance, that may make you ineligible to receive alimony. Similarly, it could also give your spouse evidence that you should pay them alimony.

The attorneys at Troy Legal are experts at winning complex divorce negotiations involving inheritance. If you or your spouse received a large inheritance, contact us to learn your rights in a divorce.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.