Marital Vs. Non-Marital Property: What Stays Yours After An Orlando Divorce?

When a marriage ends, one of the first questions people ask is: “What do I get to keep?” It’s a completely understandable concern. You may have walked into the marriage with savings, a home, or other assets you worked hard for, and you want to know whether those things are protected. The answer depends largely on how Florida law classifies your property, and the distinction between marital and non-marital property is where that analysis begins.

How Florida Draws the Line

Florida follows an equitable distribution model under Florida Statutes Section 61.075, which means marital assets and liabilities are divided fairly between spouses, though not necessarily 50/50. The key question courts ask is whether a given asset qualifies as marital or non-marital property.

Marital property generally includes everything acquired by either spouse during the marriage, regardless of whose name is on the title. That covers income earned, real estate purchased, retirement contributions made, and debts taken on while the marriage was intact. Non-marital property, by contrast, typically refers to assets one spouse owned before the marriage, gifts or inheritances received individually during the marriage, and items specifically excluded by a valid prenuptial or postnuptial agreement.

What Can Complicate the Picture

Here is where things get tricky: even property that starts out as non-marital can become marital if it gets mixed with marital funds or assets. This is called commingling. For example, if you inherited money before the marriage and later deposited it into a joint bank account used for household expenses, a court may treat all or part of it as a marital asset.

Some common situations that raise commingling questions include:

• Using separate funds to pay down a jointly owned mortgage
• Depositing premarital savings into a shared account
• Renovating a home owned before the marriage using joint income
• Adding a spouse’s name to a property title

Keeping clear records and maintaining separate accounts can help preserve the non-marital nature of certain assets, though no approach guarantees a particular outcome in court.

Appreciation and Retirement Accounts

Passive appreciation on non-marital property, such as a stock portfolio increasing in value due to market conditions, is generally considered non-marital. However, if active effort by either spouse contributed to the increase in value, that appreciation could be treated differently. Retirement accounts present similar complexity because contributions made before the marriage may be protected while those made during it may not be.

Speak With an Orlando Divorce Attorney

Property division issues are among the most legally nuanced parts of any divorce case, and getting clarity on your situation early can make a real difference. At Greater Orlando Family Law, we encourage anyone with questions about asset classification to seek personalized guidance before making major financial decisions. Our Orlando divorce attorneys are here to help you understand the process and protect what matters most to you. Contact Greater Orlando Family Law today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2023/61.075