Understanding What’s “Yours,” What’s “Ours,” and What Happens in a Florida Divorce
Divorce can raise some tough questions—emotionally, legally, and financially. One of the most common (and confusing) concerns we hear from clients is this:
“What happens to the property I owned before the marriage?”
A buddy of mine went through a divorce last year and thought the house he inherited from his grandma was safe—after all, it was in his name, passed down long before the wedding. But then came the surprises: renovations paid for with joint funds, years of mortgage payments from their shared account, and suddenly his “family home” was up for debate. In Florida, inherited property can stay separate… but not if it’s been turned into a marital project. Moral of the story? Just because Grandma gave it to you doesn’t mean the court won’t take a closer look—especially if your ex helped install the granite countertops.
If you're wondering whether your pre-marital home, savings, or assets are protected in a Florida divorce, you're not alone. Let’s unpack how Florida law treats property you owned before tying the knot—and what you need to watch out for.
Separate Property vs. Marital Property: Know the Difference
In Florida, divorce law draws a clear line between separate (non-marital) property and marital property.
Separate property is typically anything you owned before the marriage. That can include:
· A home you bought while single
· A retirement account you started years ago
· Inheritance or gifts given specifically to you (even during the marriage)
Marital property includes anything acquired during the marriage—regardless of whose name is on the title. Think joint bank accounts, homes purchased together, vehicles, and most debts.
But here’s the catch: separate property can become marital property—and that's where things get tricky.
When “Mine” Becomes “Ours”
Over time, separate property can lose its separate status, especially if it gets mixed or “commingled” with marital assets.
For example:
· Did your spouse move into a home you owned before the marriage, and you both made mortgage payments or renovations? A court may determine that part of the home’s increased value is now marital.
· Did you deposit inheritance money into a joint bank account and use it for household expenses? That inheritance might no longer be considered solely yours.
It doesn’t matter who paid for what—it matters how the property was used during the marriage.
What About Appreciation in Value?
Even if you keep your property titled in your name only, any increase in value during the marriage could be considered marital if that increase was due to marital efforts or contributions.
Example: If your pre-marital business grew during the marriage because both you and your spouse contributed time or money to it, part of that growth may be divided in a divorce.
Protecting Your Separate Property
If you're bringing significant assets into a marriage—or you’re in the middle of a divorce and want to protect what’s rightfully yours—here are a few key steps:
· Keep documentation: Show proof of when and how you acquired the property.
· Avoid commingling: Don’t mix pre-marital assets with joint accounts.
· Use a prenuptial or postnuptial agreement: These legal tools can define what’s separate and how it will be handled in a divorce.
· Work with an experienced attorney: Florida’s equitable distribution laws are nuanced. Having a knowledgeable advocate ensures your voice—and your property—is protected.
The Bottom Line
If you owned property before the marriage, it doesn’t automatically mean you get to walk away with it untouched. Florida courts will look at how the property was used, maintained, and valued during the marriage.
At Good Life Legal, we take the guesswork out of property division. Whether you’re concerned about protecting your pre-marital assets or making sure you get your fair share, we’re here to fight for what matters most to you.
Questions About Property Division?
Let’s talk. Schedule a confidential consultation with our Florida divorce team today—and get clear answers you can trust.
Our Florida divorce and custody attorneys are here to advocate for your rights—and your child’s future. Whether we are helping clients in Walton, Santa Rosa, Duval County, or anywhere in between, we are here for you.